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HomeMy WebLinkAbout1976-04-19 City Council Summary MinutesCITY COUNCIL MINUTEs ITEM Regular Meeting April 19, 1976 CITY OF P11L0 il1TC) PAGE Minutes of March 8, 9, and 15, 1976 9 5 1 Oral Communications 9 5 2 Consent Calendar - Action Items Flood Hazard Insurance Program 9 5 3 706 Cowper Street Request to Extend the Development Schedule 9 5 3 1901 Eabarcardero Road "D" Sits and Design Approval Request of Nystrom Enterprises 9 5 4 Report on Bay Area Sewer Services !gency 9 5 4 Bid Award e Rinconada Park Fire Station Heating and Ventilation System 9 5 5 Retired Employees for Amendments to Public Employees' Retire- ment System and Medical Plan 9 5 5 Library System Membership 9 5 5 Finance and Public Works Committee I.ecommendation re Electric Utility Financial Review 9 5 5 Finance and Public Works Committee Recommendation re Sewer Utility Financial Review 9 6 0 Finance and Public Works Committee Recommendation re Water Utility Financial Review 9 6 1 Planning Commission Recommendation re Palo Alto Yacht Club Application 9 6 3 Planning Commission Recommendation re San Francisquito Creek Trail 9 7 7 Application of oocor International for a Miscellaneous Division of Land at 2800 and 2850 West Bayahore Road, Zone Districts P -C and L -14--S -D; (76 -PM -06) 9 9 2 Surplus School Sites: City Interest in Additional Park Land 9 9 2 Pest and Disease Management Program 9 9 8 Request of Councilman Eyerly re Scavenging at City Refer Center 1 0 0 2 Mast of Councilman Eyerly re Abuse of Ordinance Con- cerning Number of Unrelated People Living Within a Side FaMily Dwelling is s` ;; District 1 0 0 4 Announcement by Mayor Norton re Meeting of April 26 1 0 1 0 Oral Communications 1 0 1 1 Adjournment 1 0 1 2 950 4/19/76 April 19, 1976 The City Council of the City of Palo Alto met on this date at 7:35 p.m. in a regular meeting vtth Mayor Norton presiding. Present: 3erwald, Carey, Clay, Comstock, Eyer&y9 Norton, Sher (7:45 p.m.), Witherspoon Absent: Baehr; INUTES OF MARCH 8 1976 !MOTION: Councilman Berwald moved, seconded by Comstock, that the minutes of the meeting of March g, 1976 be approved as submitted. The motion passed on unanimous vote. MINUTES OF MARCH 9 19 7 6 ammams aishaeinsoo MOTION: Mayor Norton moved, seconded by Comstock, that the minutes of the meeting of March 9, 1976 be approved as submitted. The motion passed on unanimous vote. NAVIES"HAAEK 1 76 Councilman Witherspoon requested that, on page 842, fifth paragraph, fourth line, the typographical error be corrected, with the word "town" deleted, so that following the i'urd "in", the phrase will now read "...similar in format to City's and staff's recommendations..." Councilwoman Witherspoon, referring to page 871, sixth line from the bottom of the page, asked that the word "if" be deleted between the words "but" sand "that." Councilwoman Witherspoon asked that on page 873, second paragraph, twelfth line, following the word "explore," the words "fear funds it" be deleted and the words "which the City" be inserted, so that the phrase now reads "...explore, which the City, rather than a an -profit group..." Councilman Sher requeated that on page 855, fourth line of his comments, the word "opposing" be corrected to read "approving." 951 4/19/76 MOTION: Mayor Norton moved, seconded by Berwald, that the minutes of the meeting of March 15, 1976 be approved as corrected The motion passed on unanimous vote, G��t1�ii,.� I CATI4i: S 1. Frank Manfredi, 219 Addison Avenue, spoke against the proposed 4% utility tax, indicating he thought the citizens of Palo Alto are taxed enough. He added that the salaries of governmental employees are paid for by the people and questioned how recipients of Social Security benefits are going to live. 2. Harriet Mundy, 757 Tennyson, inquired regarding disposition of construction materials at the airport development site, a matter she had raised previously and was told would be investi- gated. George A. Sipel, City Manager, replied that there was a lengthy report on this subject, which was sent to Councilmembers some four -six weeka ago. He suggested that Mrs. Mundy call his office, where the status of the matter of the construction materials can be more quickly answered. 3. Larry Mosley, 417 Tessa, spoke out on the problem of there being no off-street perking facilities for residents on 'lasso Street, between University and Lytton Avenues. He said there is a two-hour parking limitation, which causes hardship to residents, and he would like to see the parking restrictions lifted for residents. Couecllean Berwald asked if staff could give Council a report on the matter of parking restrictions. Moir. Sipel replied that the limitation in question was imposed in 1971. He pointed to the fact that this also prohibits employees and others from using parking spaces during the day, and his view was that a lifting of restrictions night involve such parking again but that staff coe1d study the problem further. Councilman Carey concurred in Mr. Sipel's view that a removal of the time limit would undoubtedly invite all -day employee/custasker parking. He proposed staff couaideration of permit parking for these residents and suggested that staff contact Mr. Mosley on Tuesday, April 20. Miayor Norton waked if Councilmembaers were ready to vote on the Consent Calendar * Action Items. Councilman Carey asked, if that Consent Calendar is adopted as a whole, is a staff recommendation than ,considered as being endorsed by the Council. His question had to do spscffically with Stan (5). 9 3 2 4/19/7f Mayor Norton replied that Council endorsement would be the effect and asked Councilman Carey if he wished to remove this item from the Consent Calendar. Councilman Carey responded negatively. Councilwoman Witherspoon requested removal of Item (4) regarding the Peat and Disease Management Program, Mayor Norton indicated thin subject would be discussed es Agenda Item (15e) . The following items remained for adoption/approval on the Consent Calendar: MOTION: Mayor Norton introduced the following ordinance and moved, duly seconded, its adoption: ORDINANCE NO, 2912 entitled "ORDINANCE OP THE CITY OF PALO ALTO AMENDING; SECTION 16.04.185 OF TUE PALO ALTO MUNICIPAL CODE TO PROVIDE VARIANCE PROCEDURES FROM FLOOD PLAIN I EGULATIONS" (first reading April 5, 1976) The ordinance was adopted on the following vote: AYES: Berwald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon NOES: Comstock ABSENT: Beahrs MOTION: Mayor Norton introduced the following recommendation and resolution and moved, duly seconded, their approval and adoption: That the Council approve the Planning Commission recommendation thet the request of T. Petrick Hannon be granted to extend for nine months the P -C Development elopment schedule applying to property located at 706 Cowper Street; and find that this action is exempt from the requirement for an environmental impact assessment. RESOLUTION NO. 5206 entitled "RESOLUTION OF THE COUNCIL 07, TUE CITY OF PALO ALTO AMENDING ORDINANCE 2880 FOR PROPERTY ENOWN AS 706 DES STREET TO EXTEND DEMONIST SCHEDULE" The recommendation was approved end the resolution adopted on unanimous vote, Councilman B+eahrs absent. 933 4/19/76 1 l..a!M `. �'1�Ih1L��Iv�lS Ssfat ;%:il1. MOTION: Mayor Norton *coved, duly seconded, the Planning Commission recommendation that the Council approve the :application of Nystrom Enterprises for "D" Site and Design District approval of property located at 1901 Eabar':adero Road, Zone District P -F -D, subject to conditions recorded in the minutes of April 7, 1976; and find that tha project will not have a significant environmental impact. The motion was Approved on unanimous vote, Councilman Beahrs absent. Mayor Norton read the following recommendation: The preliminary "Water, Sewerage, and Drainage Ken" for the San Francisco Bay Region was originally prepared under the supervision of the Association of Bay Area Governments. The final adopted Basin Plan was developed under the direction of the State Water Resources Control Board and the local Regional Water Quality Control Board. Construction grants and plans are reviewed and approved by the State Water Resources Control Board and the Envitcamental Protecttcn Agency. The staff believes that little purpose is served by layering the already duplicate project review process by adding a further review by RASSA. It is the staff's recommendation that the Council support legislation to trenster the duties of SSA to the ABAG organization that performed the preliminary work ou the complex San Francisco Bay Area Watet Quality Control Plan. Sine this bill will be reviewed by the Committee on Local Government on April 20, 1976, the staff requests that the Council vote on this getter at the Council s ting of April 19, 1976, and authorize the Mayor to telegram the motion to the State Legislature Mayor Norton stated he would be abstaining on this vote, since he is Council's Bay Area Sewer Services Agency (BASSA) representa- tive. Councilman Bervald said he would also be abstaining, with respect to the motion, since has is Council's Association of Bay Area Governments (AMG) representative, he felt he should voice his sentiments on the natter at AUG meetings. The motion was approved on the following vote; AYES: Carey, Clay, Comstock, Eyerly, Sher, Witherspoon ABSTALN : Berweid, Norton ABSENT : Baehr' 954 4/19/76 MOTION: Mayor Norton roved, duly seconded, the staff recommendation that the Mayor be authorized to execute a contract with Allsberry Plumbing b Heating Co. in the amount of $11,451 on behalf of the City. The motion was approved on unanimous vote, Councilman Beahrs absent. CALENDAR - RE RETIRED EMPLOYEES FOR AMENDMENTS _ TO Staff recommends that Council, refer this matter to the Finance and Public Works Committee for detailed study. LIBRARY SYS `� R ' (CMR:233:b) Staff recommends that this matter be referred to Policy and Procedures Committee for detailed study, MOTION: Mayor Norton moved, seconded by Witherspoon, approval of the two items on the Consent Calendar - Referral Calendar. The motion was approved on unanimous vote. Councilman Beahrs absent. eeee rteeeeviesses rids Councilmen Unsaid, chairman of the Finance and Public Work. Committee, prefaced presentation of the recommendations by commenting that the Committee was unanimous in its findings. He stated that ell of the recommendations were subjects of vigorous diecuseian in Committee, particularly the vecoea ndation relating to the Electric Utility Financial Review (Item (9) on the agenda), er4 he hoped that ambers of the public would read the minutes of the March 23, 1976 meeting of the Fleming and Public Works Committee,. Councilmen Berwald pointed out that taik centered *round the bards for setting rates: the cost -of -service approach versus a flat rate (or moving in the direction of a flat rate); the daeclin g block rate, as it applies in the present orgy situation; the comparison between various classes of trade (residential, caemarci*1 and industrial) ; the comparison betempen the cost of electricity in Palo Alto versus the same cost in PG6E areas, where fuel overcharge is added, and how that reflects tha differences in rates between Palo Alto end other non -Bureau cities; discussion of reasonable profits and expectations, etc. The concept behind the very 955 4/19/76 /76 small, proposed increase is to recover some $380,000 in additional operating costs over the past two years. Councilman Berweld personally found that in re -reading the minutes, the dialogue at the Committee meeting makes very interesting reading; and reports by the City's Director of Utilities, principel engineer, Director of the Budget, and the Controller, are ell most eniighteniagg. MOTION: Councilman Berwald, Chairmen of the Finance and Public Work Committee, moved the Committee's recommendation and intro- duced a resolution, emending the rate schedule: 1) That Council adopt an electric utility rate schedule which will reflect a 3,42 overall increase in revenues; 2) That Council adopt the rate schedules as set forth in the City Manager's report (CMR:190;61), which will not increase shall consumer rates, apply a minimal increase (0.5 to 0.8 percent) to larger residential consumers, and incraeasa larger commercial/industrial bates 42 to 6%; 3) That staff be requested to continue its studies on the subject of rate -design methods to encourage conservation, and to conduct a cost -of -service analysis of electric utility rates during the coming year. RESOLUTIONS NO. 5207 entitled "RESOLUTION OF TEE COUNCIL OF TIE CITY OF PALO ALIO AMENDING SCHEDULES E -1, E-2, and E-4 OF THE CITY OF PAL ALTO UTILITIES RATES AND CHARGES PERTAINING TO DOMESTIC AND COMMERCIAL ELECTRIC RATES AND STREET AND HIGHWAY LIGHTING" Councilman Berwald toted that tine third part of the Committee's recordation would then be retained in Committee for further review, following staff studies, of rate construction and recommendations thereto to the City Council. Mayor Norton etated there were two members of the audience who wished to speak to the matter of electric utility financial review. Gail Raaaker, 796 Gailen,atated she has talked with Councilsebers Witherspoon and Berwaid but has further questions. Referring to the proposed 3.42 inctease, she noted in the minutes of the Committee meeting, there it motion of Capital Improvements necessary; and she wanted to make sure this increase in rates and referral, in the motion, hsee nothing to do with the policy proposed for the new budget of e 42 utilities tax. She commented that some people sees to be under the misapprehension that the two are tied together, and shA felt input to the public on the tax was importaet. Mayor Norton suggested Mr. Sipel could respond, and that perhaps Mr. Aghjayan would- like to supplement Mr. Sipel's response. Mr. Sigel said there is no direct conneetion betwseu the two mattes mentioned by Ms. Hameker. The proposed utilities user's tax is at effort to recapture normal operating costs encountered in utilities. Mayor Morton asked pie. Hemekar if that statement answered her question 956 4/19/76 Ms. Hamaker responded affirmatively. Mayor Norton informed Me. Hamaker that, since she is interested in the proposed utility tax, to look for further information in June or July, explaining this is a separate item Council can expect to have before them in the not -too -distant future. Alan Henderson, 1935 Emerson Street, disagreed somewhat on whether the 3.42 increase has anything to do with the utilities tax and would comment on that assumption. If this proposed electric utility rate increase were merely an interim step to cover increased costs, he felt he would have no reason to comment. However, his view was that the increase comes as a result of a Council assignment, directing staff, during the budget process, to review *11 facets of Palo Alto's electrical rates. If the decision tonight supports only a 3.42 increase in rates, it seems to presuppose acceptance of the staff -recommended 42 utilities tax. He hoped Council would give short shrift to proposals, at this time, for any new taxes. He thought Council last year made the right move in reducing the property tax rate 4e; he emphasized he had been trying to do just that for two years. Now Council is being asked to consider a utilities tax that would produce additional revenue equivalent to a 20c property tax increase. Everyone knows, Mr. Henderson continued, what happens when a new tax is initiated - once established, it is there forever. It is announced, initially, at a fairly Icy rate, but it becomes a vehicle for regular rate increases when new funds are desired. If, he suggested, after Council's budget deliberations, it is found there is a need for additional revenue, a look at the electric utility is in order, but not in the form of a new tax‘ Mir. Henderson stated that currently, the typical residential family pays 42.22 less for electricity than residents in the areas served by FG4E. The Large industrial consumer pays 46.32 less. He personally such preferred paying a reasonable amount for services rendered, namely utilities, than to be stuck with another new tax. He wants to keep Palo Alto's utility rages lower than those in other cities, in order to pass on to residents the advantages of owning and managing their own utilities system and to continue to give industry an economic ,advantage in locating in Palo Alto. Historically, the Palo Alto rate advantage has been 252 to 302. If the Council were to adjust Palo Alto's electric rate* to a point where they are 302 below PG&E's rates, more revenue would be provided than would be realized by a 42 utilities tax. Also, levelling all rates toward an overall flat rate would provide the required revenues, Without increasing the residential rates, still leaving industrial rates below those in neighboring communities. If Council approves the staff and Committee recommendation/ Palo Alto's electrical rates will still be 41.32 lower than PC for a typical resident, and 43.52 lower for is typical large industry; and the City will not be receiving sufficient new revenue to offset projected needs. Mir. Henderson concluded that if Ccuncil approves the proposed rate increase tonight, he hoped Council will clarify again that this is an interim step, pending budget approval in June. If Council feels this increase locks tip in for as longer period, he asked that Council consider postponing any deatisios► until determination of financial needs for 1976-17 have been made; 9 3 7 4/19/76 whatever the case, he urged Council to make clear it does not support a new tax. Councilman berwald anticipated the type of comment Mr. Henderson had made. Referring to the minutes of the Finance end Public Works Committee meeting of March 23, 19/6, which he felt sure Mx. Den"eraon had read, and specifically referring to the Director of Utilities' report, he thought one could not avoid the copclueion that these rates are not related to the utility tax in any way but are =elated to covering a coat of operation on the basis that is businesslike and reflects sound administration. He pointed out that Ftr. Sipel has not told Council there would be a 4% utility tax; Mr. Sipel proposed that as being one source of revenue for a city that is increasingly finding other revenue sources dwindling at a time when demands for services are increasing. Councilman bervald's understanding of the proposed utility tax is that it its a way of generating funds for the operation of the City and has no direct reference to the coat of providing utility service. The utility increase, on the other hand, does; setting a rate is different than adding a utility tax, the latter being a way of aupplenenting municipal revenues for operating uses and, perhaps, for diversion to capital improve - font purposes. To reassure Mr. Henderson, Councilman Berwa.ld agreed with him and also with Mr. Manfredi; he does not want the tax but added that is a personal observation and probably has no place here. As one member of the Finance and Public Works Committee, and he said the others could apea.k for themselves, he said when he looks at the increase in raters, he looks at such increase strictly on the basis of utility rates -- and not to generate some large surplus to put into other City funds. In fact, he remarked, there was considerable discussion on that subject, and his recollection was there was sow: disagree- ment in Committee; one member suggested generating some $250,00- $500p000 for some emergency purpose. Mr. Agbjayaan's input to that suggestion, he thought, was that there is already a fund in existence for urgency purposes, plus a contingency fund or a factor built into the rate that takes into consideration the alternative source, enargy develapaeet fund, to which )4r. Aghjayan might wish to comment. Edward Aghjayan, Director of Utilities, stated that first of all, there is no connection between the recommended utility rotes and the utilities sales tars In fact, during the time of the axtalysie, with respect to these rate increases, and up to the point the report was signed. people who worked on the report, himself included, had no knowledge of the recommenda- tion that would be coeeing forth from the City Manager. He stressed that the two proposals are totally unrelated, and the increase, as recommended, is strictly to recover increased operating expenses. With regard to Mr. Hendersen's point on increasing electric rates even further, this was discussed at length during the Coomittee meeting, and it wart Mr. Aghjayen's feeling and his recommendation, at that time. that staff vas going about as high as they could recommend, with respect to the particular rate increase under discussion end that anything beyond that would not be ru ning the electric utility mg s businesslike basis. which is required with City's contract with the Federal Government, for low-cost power. Coeaacilmen Carey wee not curs he understood what Mr. Henderson 9 5 e 4/19/76 was driving at but believed he was saying the Council should not raise rates now if they are to be raised later. From his reading of the Finance and Public Works Committee minutes, Councilman Carey understands the Council cannot raise the rotes beyond that rate which would provide a reasonable return - or a reasonable profit. He asked staff if that was a correct reading. Mr. Sipel responded that was a correct interpretation but thought where the difference of opinion is, is what is reasonable. Councilmen Carey agreed the latter could be debated; but the point that was omitted by the last speaker was that the rates cannot be raised indiscriminately, and that there is a2 reasonable- ness test which does not apply to a utilities tax. Speaking theoretically, he observed a utilities tax and a rate increase, which is reasonable, might still total less than competing utilities rates in other communities. Mrc Sipel, said that is right. Councilman Carey noted this further avoids the legal requirement that the utility profits of Palo Alto must be reasonable, however "reasonable" is defined. Mr. Sipel concurred in this statement. Frank Manfredi, 219 Addison Avenue, said he talked about this earlier, when he talked about .he creeping paralysis of wan through confiscation of money by taxation, He asked that another method be found, suggesting that probably the people have to vote the Council the right to spend their money. }h did not want his money spent to pay off political debts of others, adding that applies at every level of government in the country from the Presidency to states, counties, and the cities, even special districts - that everyone has the right to tax the people. Ha said that is 1776, taxation without representation was unjust; and that taxation, with representation, is more tyranny in 1976 than it was in 1777. Councilmen Sher remarked that flr. Aghjayan had pointed out he was unaware of the proposed 4a utilities tax at the time staff signed its report to tha Finance and Public Works Committee. Councilman Sher sztated that when the Committee considered the utility rate increases, Committee ors were also unaware of any proposal of a 4Z utilities tax; thus, clearly, it u sa not any part of the Committee's deliberations of staff's recammendar- tiorae, which relate simply to utility costs. Turning to part 3 of Item (9) of the agenda, he said this, to hie, was the moot significant of the three parts of the recommendation and one which was reviewed at some length in Committee, as reflected in the minutes of the meeting of March 23, 1976. Pert 3 of the rsco+■mendstiore relates to the rate structure and how charges for electricity are sapre d out among the different categories of users of electricity. A comparison of the electric utility to the water utility for this year will reveal that, for the first time, after a study conducted by the_ staff, it was determined that the conventional wisdom in the water utility that the more wafter that is cony , the cheaper the rate should be because the cheaper the cost of service is, was inaccurate; 1j59 6/19/76 it is no longer true, and the great capital outlays for the large users justify imposing not simply an equal rate on the large users, but a bigger rate. So, this year, for the first time in the water utility, as will be reflected in Item (11) upcoming on the agenda - and if it passes - the rate structure will go to a situation in which the larger she quantity used, the greater the rate.paid; and the smaller the quantity used, the smaller the rate paid. In connection with electricity, much of the conventional wiepdom, according to Councilman Sher's underetsnding, is also changing; the old practice of charging .less for the greater quantity consumed is no longer justified, many of the experts say, on the basis of cost of service. Point 3 of Agenda Item (9) this year requests - and he hoped by Council's approval tonight, will direct - City staff to awake such a cost -of --service analysis for the electric utility, so that Council can see whether the step rate in existences, under which the greater the amount of electricity consumed, the smaller the rate, is still accurate in terms of the coat of service for furnishing that electricity. Councilman Sher observed that a look at the Capital Improvement Program for the next five years will reveal that there are many projects in the electric utility requiring capital outlays which relate to certain categories of users; those kinds of expenditures will be taken into account in making the cost - of -service determination. As he indicated at the Finance and Public Works Committee meeting and ae shown in the wiuutea, Councilman Sher feels this is a vary important point - and it is very important to recognise there will be the saws study, during the coming year, in the electric utility as has been conducted in the water utility this past year, Mayor Norton assumed, and requested confirmation of the fact, that staff understands it is charged to maks the study, which would include the matter just covered by Councilman Sher. Mr. Sipafi confirmed that staff understood this as being their cherge. There being no further discussion on this subject, Mayor Norton celled for Council to vote. The recommendation was approved, and the resolution adopted, on unanisoua vote, Councilmaa Mehra absent. MOTION: Councilman Berwald, Chairman of the Finance and Public Works Committee* introduced the lellovimig recommendation and resolution and geed, in behalf of the Piece and Public Works Committees their approval and adoption: That Council adopt a resolution revising Sewer Utility Rate Schedules S-i, S,2, SS -1-0, and S -2-A, dated August, 1973, to reflect an overall increases of nineteen percent to take effect July 1, 1.976. 960 4/19/76 RESOLUTION NO. 5208 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES S-1, S-2, S-1-0, AND S-2-0 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO DOMESTIC AND COMMERCIAL SEWAGE COLLECTION AND DISPOSAL RATES" Councilman Berwald stated that discussion of this subject begins on page 12 of the March 23, 1976 minutes of the Finance and Public Works Committee meeting. He said there was little additional to add about this recommendation, except to say that if there is not some rate relief, the City will be operating this utility at a deficit of about $200,000. This 19% increase provides $237,000 in increased revenue and provides a small reserve, roughly between $40,000-$45,000, and it is basically a pay-as--you-go, cost -recovery increase -- it is not the last increase; when the City receives new Federal guidelines, the Council will probably have to develop a whole new schedule of rates to meet those guidelines. Turning to Mr. Aghjayan for confirmation, Councilman Berwald asked if he was correct in saying that there will be a complete study of the sewer system and rates in 19/3, the electric utility study to be done in 1977. Mr. Aghjayan stated that staff will do a cost -of -service study of each utility, on a rotating basis, so that all utilities will be covered every four to five years. In this particular case, however, there will also be a complete review of sewer rates to insure the rates are consistent with Federal guidelines for grant funding. So sometime between now and 1978, staff will be coming back to Finance and Public Works Committee and the Council for the new rate design structure staff will be recommending. Councilwoman Witherspoon asked for confirmation of her impression that when the Water Treatment Plant the City operates with its partnere goes into its tertiary stage, the City will again have to re-evaluate the assessment, based on usage. She wondered if this is part of the 1978 plan just described by Hr. Aghjayan. Mbr. Aghjayan confirmed Councilwoman Witherspoon's impression and verified that this will be covered in the 1978 study. The recommendation was spproved and the resolution adopted on unanimous vote, Councilman Baehr§ absent. ?$ T1OI: Councilman Berweld, Chairman of the Finance and Public Wo i.s Comeittee, introduced the following recommendation and revolution and moved, in behalf of the Finance and Public Works Committee, their approval and adoption: That Council adopt a resolution revising Water Utility Rate Abe W-1 and W -1-O, dated July 1, 1975,, and Water Utility Rate Schsdulcs W-2, W-3, and W -3-O, dated September, 1973, to reflect an overall increase of 8.4 percent. 941 4/19/74 RESOLUTION NO. 5209 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SCHEDULES W-.1, W-1-0, W-2, W-3 AND W-3-0 of THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO GENERAL WATER SERVICE, WATER SERVICE FROM FIRE HYDRANTS, AND FIRE SERVICE CONNECTIONS" Gail Ysmaker, 796 Gallen, said the has attended several meetings of the Santa Clara Valley Water Conservation District, and it is her understanding that Ow Ter on the tax rate paid to this District is, in most psrt, returned to the City, because Palo Alto is nut using well water. She asked if thie return is used to lover residents' water utility rate, or does this account go into the General Fund. Mr. Aghjayan responded that about hell of that money collected is returned to the City, and it goes into the General Fund. Ms. Hamaker asked if there was any thought to having this refund used to reduce Palo A1tans' eater utility rate, or to go into Capital Funds for the City's water utility system. Mx. Aghjayan explained that the water rates are based on the cost of serving water to the commuuityp and the tax is not part of that cost. Me. Hamaker teat having the City's water reserve in the County is the purpose of the tax. Her understanding of the minutes of the Finance and Public Works Committee meeting of March 23 is that, if Retch Retchy water runs out in two yeers, there are still wells in reserve, which is what the Santa Clara Valley Water Conservation Distract tax is supposed to provide. . Aghjayan indicated that that City buys 1001 of its water from Hatch tetchy System; if that runs dry, the City has its stand-by well system; if the latter were to run dry, the City old have to contract for water from the District, or from some other agency, or from Sala Francisco - in which case, the City would have to pay for that water. If that cost were to be built into the cost of service, it would be reflected in the rates. Me. i amaher' a understands, according to people at the Water Conservation District, that part of the tax Palo Altane pay is because there are wells here, and even though on reserve, if the wells are used, there will bs no money returned to the taxpayers. She suggested the Finance and Public Works Committee's utilities subcommittee could look into the matter, raaliziag there was nothing that could be done moo. Councilman Hsrwald responded that the Committee would be happy to note this; end when the matter of water rates coss0t up, to felt it would be worthwhile to know from staff the amount of the rebate, with respect to the portion of the tax paid to the Santa Clara Valley Water Conservation District, where it goes, end whether, in scar way, it could be connected with the co#t, of wter use. 962 4/19/76 Mr. Aghjayan saw no difficulty in doing a brief study cn the matter and to report the information to Council. Cc ec,ted :gee pg, i121 Councilwoman Witherspoon indicated she is Palo Alto's City Council representative on the Santa Clara Water Conservation District. To supplement remarks made by Mr. Aghjayan and Council- man Serwald, she assured Ms. Hamaker that there are some other benefits Palo A1t+ans derive from taxes paid to the Water District. One, of course, is that the District brings the water down from San Joaquin and recharges theground water. In Palo Alto's case, this has helped considerably in subsidence in our Baylands. Secondly, the Santa Clara Valley Water Conservation District is the Flood Control District for the City -- whether or not one approves of how the District controls the City's floods. Thus, she supposed it is fair that the District returns only 50% of the money the City does not use. She pointed out that if the City were pumping water, there would also be a pump tax; in fact, she stated, there are some people in Palo Alto, using their wells, wte, do pay a pump tax to the County. The recommendation was approved and the resolution adopted an unanimous vote, Councilman Beahrs absent. PLANNING COMMISSION RECOMMENDATION Mayor Norton stated the following recomrlendetion by the Planning Commission: The Planning Commission, by a vote of three to two (two absent), recommends approval of the application of Palo Alto Yacht Club for "D" Site and Design District approval of area improvements at the Yacht Harbor, Zone District P -F -D, subject to conditions recorded in the miuutes of April 7, 1976; and finds that the project will not have a significant environmental impact. Hrs. Anne Steinberg, Chairwoman of the Palo Alto Planning Commission, stated that the Yacht Club's application for a boat rigging and temporary trailer storage area; to pave and enclose with a six-foot fence a "hoist yard" on the westerly side of the clubhouse; and to enclose approximately 1,100 square feet of ground on the easterly side of the clubhouse with a six-foot fence. BCDC (Say Conservation and Development Commission) approval, with conditions for public access, has been gig for thecae improvements for the Yacht Club area. The Commission did express cos ceru that the Yacht Club adequately police the rigging area, to insure that the area is not used for vehicle parking, and also to dixaect Yacht Club members. to the north parking lot, rather than to the parking area near the duck pond. Mr. Walter Stra*quist agreed, oo behalf of the Yacht Club, that both functions would be done by the Yacht Club. Mrs. Steinberg observed that the question of responsibility for the installation and maintenance of landscaping wee another concern of the Cosaaissian; but the Yacht Club indicated its wiliiugness to eccept this respsa^asibility. 963 4/19/76 The Commission recommended approval, subject to the following conditions: 1) The Yacht Club shall assume all responsibility for the iuetallation and maintenance of the planting shown on the plan; 2) install three benches with backs along the public path adjacent to the water; 3) install more headers, to be marked a public park, perpendicular to the water along the enclosure fence. Further, it is a condition that all improve- ment end development shall, be substantially as shown on the approved Improvement Plan and ahall be maintained and repaired, as necessary. Vice Mayor .Clay, commenting on the minutes of the Planning Commission meeting, noted that therein vas mentioned parking problems having to do with the opening day celebration. He asked if there were other occasions an which there are similar parking problems, or is the problem of parking on a once -a - year bailie. Mrs. Steinberg responded the opening day celebration Was the one occasion referred to, and that was because the season had just opened; this area was used for the first time on that day, end Mr. Strcmquist explained, at the meeting, that the Yacht Club had no idea so many people would turn out and were not used to controlling such traffic. However, Mr. Stronquist assured the Planning Commiesion that the Yacht Club would be able to do so in the future. Vice Mayor Clay asked how might the Yacht Club control the traffic without controlling the number of people who attend the opening day celebration. Mrs. Steinberg reported thatt Mr. Stromquist did indicate that the Yacht C1u15 members would be more aware of the problem on future opening days. Previously unaware of the problem, and now having experienced it, Mr. Strooquist assured the Commission the Yacht Club would be able to control and direct: the flow of traffic in an easier wanner. Vice Mayor Clay understood the Yacht Club would do their best to handle the traffic. Councilman Sher, referring to the various docents Council*eab•rs received on this agenda item, found that therein, there was no mention of the lease question. With respect to the area easterly of the Yacht Club, which he knew was covered by the City's lease to the C unty, he asked if that area wee than leased fro® the County -- within the County lease --- but not within the Yacht Club's lease with the County. Mrs. Steinberg responded there is no existing lease between the Yacht Club and the County. That, sbe added, vas part of the Commission's predicament, in this case. Coca Liman Sher than asked if the Yacht Club building, itself, was not within Palo Alto's lease to the County. Mrs. Steinberg answered the building is within Palo Alto's lease to the County, but the Yacht Club itself has no lease with the County. 964 4/19/76 Councilman Sher believed the same is true of the area westerly of the Yacht Club, where the hoist is to be placed. Mrs. Steinberg indicated Councilman Sher was right. Councilman Sher asked Mr. Booth to confirm his understanding that the Yacht Club occupiee the building by an :informal arrange- ment, with no lease on way of the area, and certainly not on the two new areas. Robert K. Booth, Jr., City Attorney, said that Councilman Sher's understanding is correct. Councilman Sher asked what the effect would he of fencing the area off for the purpose described in the Palo Alto Yacht Club's application. Fully aware of the fact there was some discussion in the minutes of the Planning Commission about investments of this nature being at the risk of the Yacht Club, in the event that the County decided not to eventually lease the area involved, he wondered if putting up the fences would affect that decision. Mr. Booth responded negatively, explaining that adverse possession does not ran against a governmental agency. Councilman Sher pointed out that the documents do suggest that the County has reviewed the plans; and although nothing in packet materials shows written permission, on the County's part, for the Yacht Club to install the fence and use the area in question, he assumed that the Council can safely assume that the Yacht Club does have County's approval, even though not by means of a formal lease. James Hudak, City Treasurer, remarked there is no formal permission for the Yacht Club to do this; however, the County did submit these Yacht Club plans to ZCDC and, of course, gave their approval in so doing. Councilman Sher :asked if it was thus Mr. Hudak's interpretation that the County's intention, at the appropriate time, is to lease the areas to the Yacht Club, with public access reserved, as indicated in the plans. Nr. Hudak responded that ell through the proceedings, it was made very clear by all parties that this was a temporary matter and that the lease, itself, would be negotiated at the time the Baylands Master Plan was concluded; so there was no commitment made to this area as a lease area. Councils Sher naked, if and when the County does decide to lease the areas to the Yacht Club, As the City of Palo Alto in any way involved in what, in effect, is a sublease; or is this something County can do on its own, without further consulta- tion with the City. Mt. Booth said he did not know the answer, at this point, to Councilman Sher's question, but could report back to the Council, when determined. Councilman Sher explsinsd to Mayor Norton that his reason for 965 4/19/26 pursuing his questions was that if this is Council's last look at the Yacht Club area improvements, Cou:ac fl should address its concerns, if any, about the long-range questions posed. On the other hand, if this matter is going to be taken up again, perhaps it would not be naceseary this evening. Mayor Norton did not know if he could answer the question and suggested that Councilman Sher preview his .long-time concerns. Councilman Sher wanted to see addressed the question raised about taking both easterly and westerly areas, which he understands are not now within the customary use of the Yacht Club, and whether the facilities to be provided there - the rigging and hoist areas - ought not to be generally +available to the public. This question came up in Planning Commission's deliberations and is one in which he is interested, Mayor Norton's initial reaction was to have City Attorney, if not tonight, then in the next few days or weeks, analyze the lease from the City to the County, to determine whether the City has any say over those matters. He could not recall but thought perhaps Councilman Sher, having been involved in the matter, might remember. Councilman Sher explained he wee not involved at the time the lease was actually sigued. There leers renegotiations of the old lease, but by the time the nee instrument lease aigned, he was not sitting en the Council, However, if Council did have a concern about the public use of certain facilities, and if Council were not going to have mother look at the subject at ,i later date, it seemed to him if it was the wish of Council that these areas should be made aviilable for such purposes for the general public, this might be attached, as a condition of approval, on the action Council is taking tonight, if it will not be under consideration at the time County actually sues the formal lease to the Yacht Club. Mayor Norton gathered Couci? stn Shur was saying he does not vast the County to lease the Yacht Harbor on an exclusive basis. Couacilean Sher was concerned that thecae areas are part of the Daylasnds not customarily in uses for the purpose requested by and fox the Yscht Club, exclusively; what is being proposed is a facility that, quits properly, is going to be controlled by the Yacht Club. But again, he referred to the fact that in Planning Commission deliberations, the question was raised on cheaper, in what is +ersaentially as new operation for the Yacht Club, the boating public ought not to have opportunity to use those same facilities, perhaps even on a fee basis, if there are costa to the Yacht Club, in operating and securing those facilities. Mayor Norton's impression was that thee* are matters remaining to be negotiated with the County, but any lease, when worked out between County and the Yacht Club, is not intended, et this time, to preserve the exclusive use of the so-cailad rigging area at the Yacht Club and will pt �t,bably be drafted to let the Yacht Club have use of that area "when they need it," whatever that means -- he thought that remains to be defined. He indicated that Mr. Stromquist would be talking to Council shcrtly and end 9 6 6 4/19/76 might be able to answer some of the questions raised. Councilwonan Witherspoon understood there was discussion of inst+elling a sprinkler system, taking possible expansion of the types of plans included in the landscaping around the Yacht Harbor. She referred to an area of mostly raised beds, ah a ca the plan presented, and asked if this would be included in the sprinkler system. Mfg. Hudak responded that, at the present time, there is no provision for sprinkler or irrigation systems in the raised beds; however, in conversations with the County staff, the City staff has discus.sd the whole concept of irrigating the entire Yacht Harbor facility. If that happy, be thought it would be natural to draw the irrigation into the raised - bed area, also, thus it could be incorporated in the future. Councilwoman Witherspoon asked if staff was expectiug that part of the project to be financed by the Yacht Club; that ie, the plants themselves, and making sure these are maintained, once in. Mr. Hudak explained that what; is shown on the plan is all that is expected to be financed by the Yacht Club. Councilwoman Witherspoon added, and if there is a sprinkler system involved in the irrigation concepts that would be part of the County's effort. Mr. Hudak responded that Councilwoman Witherspoon was correct. Councilman Carey expressed concern about the point raised by Councilman Sher. The sole reason, as he understood it, for Council's hearing this matter tonight, vas because of the "-D" suffix to the zoning at that location. Mr. Booth was rot sure it was the only reason, but it see certainly one of the reasons. Councilman Carey wanted to know if it was the only reason; wit other reasons were tier e . Mr. Booth thought the lease with the County sight require Council's review. He did not have the leas* with htm, but his recollection bees that County's only obligation is to enter into a lease with the Yacht Club, which apparently the County has not doe to date. There may, fiver, he immune other than the retire zoning in that location r. Hudak cited two reason*, °es being "-D" zone; the other is that .in the lease with the City, it is specifically required that singe this is park -dedicated land, anything requiring City approval,, urger the City's regular park -dedication ordinance, wed also need spprovai by Cecil. The subject at band is substantial construction or reconstruction that would have to be epproved under the ordinance. re are, then, two reasons: park dedication and the "-D" zone. Councilman Carey said that the park dedication, however, had already been dons. 967 4/19/76 Mr. Hudak said that the Park Dedication Ordinance also requires that for any future development, the Council must approve any substantial development. Councilman Carey understood that requirement. He wanted clarifica- tion of his understanding that the reason Council is hearing this matter tonight is to determine whether the proposed improvements are in keeping with the area, and are not unsightly but of general ,aesthetic quality. purpose in asking tied in with Councilman Sher's raising the question of public use of the facilities in the future. He wanted to know if action on Council's part this evening would cut them off from being able to answer that question, Mt. Booth's suggestion was that if Councilman Carey wants to assure those items that Councilman Sher raised, they should be put in as conditions of approval of the recommendation tonight. Councilmen Carey wee not sure that was proper, either, saying that under the "-D" suffix, he thought that would be an improper condition, Use has absolutely no beating with respect to a review of a development plan under the "-D" suffix. Mr. Booth said that, in general, that ie correct; however, those aspects of the matter are related to the other aspects of design there that involve the public use of properties. AA he uederstands it, this ie a commitment of A portion of that property to being fenced off end not being made available. Thus, it is a somewhat unuawil situation. Lt also involves property which, essentially, ie owned by the City, which puts it in a different category; and the City can condition use of this property in any fashion otherwise eppropri&te. Councilman Carey agreed the City can condition the use of the property but does not have the use of it since the City, by leasing it, has dealt the property sway. Mr. Booth responded this waa so, but to a limited extent. Councilman Carey, going back to his original paint, said that as he /sees it, -before Council tonight is basically a review, required by the: ",'D" suffix of the zoning in the Yacht Harbor area, Therefore, if that fact is correct, the City cannot put in auy condition as to use on approval or disapproval of the plans: that would be an improper etction on the part of the Council. If, on the other hand, there is some other reason for the review tonight, that was what ha meted to hear, because ha could not want the Council to take action tonight which would foreclose the possibility of a future review as to use - pibiic, limited public, or private, etc. If by acting tonight, Council rune the risk of cutting off options such as those, then be would simply stove to continue the matter. Mrs. Steinberg informed Councilman Carey that this reenter will come beet to Council again during discussion of the Beylands Beater Plan. The lease between n the Yacht Club and the County will not be sited until that plea iscompleted; es Council will hay* a chance to reviser the entire subject at that time. 968 4/1!/76 Councilman Carey said that was h'- 'question. He reads the minutes of the Planning Commission meeting, and he hears represent- atives of the Yacht Club say that they will take their chances. He interprets that to mean that they have no lease or no understand- ing with the County as to use or restriction of use, and that will: cove after the Master Plan for the Bayiaande has been reviewed. All of that, he said, ie very nice; but he wanted to make sure that by acting tonight, there is not some tacit position by this Council as to contemplated use. Mayor Norton stated there were two people from the audience who tight help enlighten Council on some of the questions raised. Walter Stromquist, 3416 Thomas Drive, said he would try to respond to some of the questions raised, particularly those of Councilmen Sher and Carey. First of ell, the County meeting of the Planning Commiaetonors, which preceded the ARB review, did indicate approval of th1 Yacht Club's making application for the purpose described. Secondly, it had been made perfectly clear by the Ysc t Club to the Planning Commission, the ARB, and now, to the Council, that the /ease has not been signed; this was at the request of County Supervisor Gerry Steinberg, who wanted to have the lease come up after the Master Plan has been completed, giving the City Council the opportunity to make complete review of this area which, as he understood it, is a matter of standard procedure on any County -leased lands to enable the City to review the County's development program there. He said that this has already been evidenced by the fact that the Yacht Club has proceeded through the Planning Commission and ARB to this point. tor. Stromquist thought the same question Councilman Carey raised, about the tacit approval had been met by the Planning Coiuissiosi, and it had been made very clear that there has been no tacit approval by the Planning Coenission; so he assumed the same would be true for the Council. The Yacht Club has wanted a lease but has not negotiated a louse, because the matter previously was *o unsettled that no definite action was taken. Concerning the area contemplated by the Yacht Club, Mr. Stromquist was aware that there have been statements made that the Yacht Club is doubling their frontage of use along the seawall. That is not true, Mr. Stro uist went on to say, and he would wow fully explain the area on a map posted at the side of Council Chambers. Following a review of the maps he stated the Yacht Club has attempted carefully to indicate their willingness to have public access to the area in major proportion. Thts public access, he added, is a way of g the whole place a little better; but he pointed out that the Yacht Club does need to control and intends to be involved with the Inter Plan for their benefit and the benefit of the public. The Yacht Club looks forward to participating, in connection with the plan, and to obtain.iug the lease, .lir. Stroasqui*t went on to say that the Yacht Club wants to proceed with the improvements because they need a nanner of controlling the traffic, a plates where there to some privacy -- which is the nature of the fortes to the northeaat of the Yacht Club -tl- they need a way of enclosing the hoist bemuse they do not want the public in there, for their benefit. He explained it is ne es ary to let the public know what areas are off -bounds; this is aomething the public does not know nowt and there have been problem*, i luding 969 4/19/76 vandalism, etc. It is the Yacht Club's view that, left as it is, this might possibly be dangerous. From what he heard tonight, he thought the question is implicit that there might be public use of the building, or of the hoist. With respect to the hoist, he said that this question has been discussed with SCDC, and the Yacht Club has explained they cannot tolerate general use of the hoist. It require; quite careful attention and is not equipment that anyone, without knowledge of operatiocs, cen use. The hoist is a very goad one, and geuerel use of this equipment has been diecerde4 as an unreasonable request. Be thought it important that the Yacht Club maintain control of the hoist. Nr. Stro quist invited auy somber of the public woo is interested to join the Yacht Club, adding that the membership charge is very nominal. He indicated ha would be happy to answer any questions. Councilmen Sher asked Mr. Strosequist, assuming Council approval of the reco ndaation tonight, if these iuproveerents would be made by the Yacht. Club before any lease is sued with the County. Mr.. Stromnuiet replied that the improvements would be made as soon es possible. Councilman Sher understood Mr. Stro quist'e remarks quite clearly with respect to the hoist's not being available, because he knew it was a delicate instrument. He assumed all members of the Yacht Club have access to the hoist. He eseused there is not an employee of the Yacht Club present to control the hoist but, rather, that each member of the Yacht Club has access to and knows how to use the hoist. hr. Stroaquiet responded that Councilmen Sher VAS correct in his assumption. Councilmen Sher asked if seers of the Yacht Club, other members of the public, who own boats could be instructed in its use; or would it be possible for someone else in the Yacht Club to assist such a person, even if a charge were necessary. as explained be was exploring all of these questions, obviously, because the issue has been raised. Ferticulasriy, he observed. that Mt. Stro mquist had talked about the rigging area, or a large portion of it, hating bas fenced previously. Apparently the hoist area wets not, and there wore members of the public who would be coming there, and obviously SOK was concerned about some public access all through the rigging area. Thus, he thought it important to bring these points out and be clear about them. Mr. Strtmquist explained that the Yacbi' Club does have arrangements for the sailing public to nes the hoist at any regattas, which are not discriminatory. There is .00 m from the Yacht Club to operate the hoist at that time, so that there is a control the Club exercises end thinks is very important. Councilman Sher concluded that it ies then possible for nom- rs to have the use of the hoist under supervises of somebody at the Club and that is presently the Yacht ClUb's practice. 970 4/19/76 Hr. Stroaaaquist said that was correct; however, at the present time, in order to control such use, those who use the hoist are there by invitation through regattas or other such arrangements. There is, therefore, a sort of indiscriminate use by the public. It takes a key to use the hoist. The point the Yacht Club is making is that they eased to have this kind of control for safety's sake and for the sake of the hoist itself, and this is the way they have exercised that control end the way in which they think it will work to the best advrautege for everyone. He also pointed out that the Yacht Club has had * fence around. the control area until just recently; and while it was possible for the public to go through tbs fence by opening the gate, it was not dome to any extent. There was no vandalism as lots as there vas some indication of a barrier; at least, vandalism was very nominal until the fence was removed. The Club needs to find a way of improeing that situation and cleaning up the area. Councilman Sher asked if the rigging area was something that members of the public might find useful; he was referring to other boaters, and vondered if there eight be some demand for it. And, if so, would the Yacht Club have any objection to public use in that area. Mr. Stromquist thought the riggi: g area could be used in the same way in which the Club would expect the hoist to be used. Where the Yacht Club could control use of the rigging area, it would be available to the public. But then, he pointed out, using the rigging area flies that user would also be using the hoist; the two are linked together very closely. Councilman Sher asked Mk. Stromquist if he saw any objection, assuming it would be -possible to supervise and secure the rigging and hoist areas, to permitting sewers of the public who are not members of the Yschi Club to use both areas. Mr. Stromquist thought their problem would be in ability to control. % otbervords, the people vilo use the hoist now are Yacht Club members or their *taste, through regattas. He knew of no way in which the Yacht Club could keep control of that area unless they hod that mach control. Councilman Sher said he would shift gears for * moment. turning to discussion of perking and designation of preferred areas for thaw. coming to the rigging area and Leaving their trailers at the north parking lot, be found no =entice in the Plantains Ceenisei.on minutes of the possibility of a swell sign in the rigging area that would direct motorists to the north parking area as a more appropriate plats to leave their cars. He asked if there wed be any problem with such a possibility. Ht. Stromquist said it had occurred to bin during the !seating that th.t s was a possibility, end hia tit on a may to beetle this would be to post a sign an regatta days, when there would be that kind of traffic, putting the sign et the north entrance to the Duck Pood arena. The sign would be worded somehow to direct those going sailing to go to the other parking lot instead of to the Duck Pond Lot, which he knew arms of concern. Then there was a question of whether or not there should be a limit on the partine area in the Duck Pond. Helm it wane truly enforced, 9 f 1 4/19/76 he felt it would not be effective. Thus, a sign, as Councilman Sher suggests, would be helpful. He felt, however, that it was difficult for the Yacht Club to assume any responsibility for where people park, and he did not feel the intent was that the Yacht Club people should prepare a sign for such purpose. Councilman Sher's recollection of the minutes was some undertaking to actually have a person directing people to the parking area; he viewed a sign as being more permanent, though not necessarily more reliable, perhaps even not as effective ea way as havin& a person at the area. Mr. Stromquist felt that the systan needed to be tried out. Be was not inure which would be the better way: a sign, or somebody stationed at the area who could recognise the people who would be coming through the rigging area end so direct them. In any event, he wanted to assure Councilman Sher that the situation would be much better than in the peat, when the area involved was taken over by rigging up to the Duck Pond. Councilman Comstock asked if the plan posted on the wall tonight reflected accurately the plan and development the Yacht Club would like to have included in the lease --- in otherwards, the rigging area, hoist, dock, and building. 8e *leo wanted to determine if the floating docks, in front of the building, are owned by the Yacht Club. Mk, Stremquiat respovdead affirmatively. Councilman Comstock also gathered, from looking at the plans and listening to Mt. Strorquiat's cents, that the general attitude of the Yacht Club is quite accepting, as far as a pathway going through and access along the edge of the water. there being no real quarrel over swatch pedestrian access require- ments. But on the other hand, the spanner in which people use the floating piers, the hoist, and other facilities, is something over which the Yacht Club wishes to maintain bssic control. Coueci1aen Cc tock's question was asked, he ant on to say, because he felt there is a whole cleats of people who could use the Bay# particularly the inner harbor, who do not need a hoist or launciaiee ramp. He was thinking in terms of people with El Toros, crew, rowboats, or similer watercrafts. He believed that Mr. Strmrquist was in agreement with hits an his 'strong feeling that the lest plate anyone mould wont to encourage boaters to ureter the water is at the County launching ramp. His special concern was ire and bow do we provide access; be would *lame s the Club has some sum traffic now, and he asked the Club' a attitude about access for, the category gory of boaters just mentioned. Specifically„ would the Yacht Club prefer to see the traffic elsewhere? Has the issue of people with modest boating ands with the Country insofar is other areas areconcerneDd? Councilman Comstock shared Councilman $her's concerns, and bed understanding of the Teat Club's urns. Sot he asked for guidance on Council's dealing with the problem, since the City Co4ncili represents sot only those iavol'vmd in the Yacht Club, but other boating people, es well. Wk. Stromquiat responded ha felt the Yacht Club would be hey 972 4/19/74 to undertake such provisions as described by Councilman Comstock, if someone from the Club were available at all times and it could be set up as a program. Another possible answer would be the County's having a program along these lines, which he had thought was discussed at some point. The Yacht Club, however, finds it difficult to believe that the public sbouid be able to have easy access without some type of control. One possible solution would be to provide this aces in the area to the south of the Sea Scouts. Councilmen Comstock assumed Mr. Stromquiet was talking about a similar facility, but one that is soaewhst removed from the Yacht Club area, with another eat of floating docks, walkways, etc., and that Mr. Stromquist was saying that the master plan might coma forward with such a suggestion. Alternatively, if that is not suggested, he asked about an errangezent, drawing the line at the Club Souse, where the County would take on the care, maintenance, and operation of the hoist, dock, etc., thereby providing access for Yacht Club members as well as those members of the public referred to by Councilman Sher. Had such en approach, he asked, been discussed with the County? Mr. Stromquist replied that an arrangement of this type has been reviewed; but part of the problem is that someone who can operate the hoist effectively is needed on the spot, and he felt that at times when there is sailing, the Yacht Club does perform that service. He believed if the County were to take on thiaa operation, there could be difficulty and problems for the Yacht Club members. Dr. Carl Ellertso z, 780 Seale Avenue, had hoped to have photographs available this evening, but the: Easter holiday, just past, delayed their return from the developer, who was closed for several days. His comments would concert the harbor itasif, rather than just the Club, and may of tonight's questious were on matters to which he wished to speak. He expressed gratitude for the dredging but pointed out that there is only halt' a harbor. Because of the long delay and the fact that it has Wake three years longer than it should have to get this dredging done, the siltation was reek that the spoils area could handle only the 50,000 cubic yards. As a consequence, the entire southwest portion Of the basin i.a a very great mud file at aid -tide. At law tide . it is amazing, and be invited all to go out and look at the -read hole at about noontime, when there *re good love, to have a vim of hov little harbor is there, se est. Dr. gllertaon observed that the Council has been on record as wiahisig to support and maintain the harbor. His request twilight e that Couneil and alt concerned look forward for the next three years. Me was sure that the County would like to put in 84 berths at the southwest end of the harbor. The Yacht ClUb certainly wished to owa,milot public use of that particular boating co uld belieeiug w that sent ent section have a public hoist, possibbiy >e launching seep, which would be fax sore useful than .agas dock, Dr. Ellertson did not believe there would ear be sufficient traffic to support a gas dock. The Stanford ford people would like to sail in the area and have talked with the Yacht Club about using their Utilities. tilities. However, Yacht Club members feel that those people .wishing to 973 4/19176 use the Club facilities should join and support the Club, emphasi- zing that Club >members, after a11, are members of the public -- boating people who have gathered together to speak politically, to sponsor races and cruises, and to enjoy each otheee coMpany. As a group. Club members are making use of the harbor, they support that harbor financially; those members who are berthed at the Yacht Club support the harbor almost 100% with the exceptioa of the dredging, which is being paid for by County funds specifically set aside for that purpose by the parks and recreation taxes imposed since the referendum of five years ago. Dr. El.lertssoxe urged Council to direct City staff to continue in the direction in which they have been going, in attempting to find a new spoils disposal area. The Yacht Club has suggested the unused portion of the pistol range area as a possible disposal site, sad it is his understanding the County would he delighted to have that location and to put in continuous dredging, in s 11 amounts, which then could dried and sold by the City as fill for other sites. He commented there is still tremendous work to be accomplished; he dressed discouragement, on occasion, when he calls someone, only to find the matter has been dropped and nothing further is being done about it at the time. He urged consideration of these points before adoption of the Master P1sn, so that future consideration can be anticipated; so the interminable business of obtaining one permit after smother through a myriad of bodies can be avoided; and so that, is three years' time, the City can hope to have a goad harbor. Dr, Ellertson cited, as an example, the mast in which the Sea Scouts find the selves. This group deserves the residents: total support for the marvelous job tha Saa Scoute are doing with the young people of the community, teaching the youth self-reliance in learniug the use of the sea and the use of boats. Yet, the recent dredging as left the Scours in a horrible mesas, with the bows of their boats high and dry in the mud, the sterns in deep water, and mud directly behind them when they try to back in, and the problems thereto when they try to leave. Dr. E<lleertson strongly urged the Council to eve staff proceed with plans, so that after discussions, pro- and con-, this information can be incorporated into the Mister Plan which, he understood. was now 'long taken up by the master planner gee added that in the throe years, 1949-1051, he helped design a Master Plan. He expressed his vireo that the now plan would be retch the sesame, adder there have been only ten master plans in the interim. - In closing, he hoped for peaslesion to shoe pictures in a moth's time, when to is a second reading of tonight's recommendetion. Councilmen Comstock asked Dr. Manson, on hie previous question Oa El Toros. cass>oss, or smaller boats, the Yacht Club's attitude on the general public's " scours through the Club area or some alternative arrangement, abort of having to oblige those boaters to • go off afar to the existing Catty launching ramP. Dr. Ellsrtson cited the following le: the loader of the Beringer Scouts is tbs wife of a Yacht .Club der, herself as member of the Yacht Club Auxiliary. and she takes her stria to the public launching ramp for their carving and other boating activities, She done not feel that the Yacht Club is to be used for those sactffritisa• gee personally would like very much 9,7 4 469174 to allow the public to come in and use the Yacht Club facilities, if the public was willing to pay for facilities, if there was adequate supervision, and if the Yacht Club could afford to pay that amount required in liability insurance to cover the general public, either in the use of the floats or the use of the heist. Even with guests, the Yacht Club has experienced several, very strong lawsuits for very simple things -that have happened on the docks. The question wars asked if Yacht Club members know how to operate the hoist; he replied that several of their members do, but several do not. The Port Captain continually asks those who do not know how to use the hoist either to learn or at least get someone to help in the proper use of the hoist. 4t he was driving at was the fact that the rigging area is not for daily use; it is primarily for weekend regattas, whim the Club holds for small boats. Dr. Eilertacn stated ha has pointed out to Council, on many occasions, that Palo Alto Rarbor is one of the great small boat sailing areas in the Bay. They will be hosts this year to throe regional, four national, and one international championships in small boats racing. This will entail 75.115 boats coming from all over the country and, in one instance, from all over the world, to sail into the south Bay and into Palo Alto Harbor. In the past, as Councilmembers and all probably know, the boat trailers have been helter-skelter and higgledy-piggledy everywhere, taking up all of the space in front of the Duck Pond on racing days, taking up space along the road, and creating traffic The plan proposed, Dr. Elierton stressed, 13 the Yacht Club's honest -to -goodness attempt to do something for the public, to regulate and control the parking during the course of the special events programs, so that the Yacht Club does not interfere with other people who, during those times, wish to cone out to see the rest of the Eayleads and the other activities in the vicinity. The Yacht Club, he wanted to meka clear, is not asking for something they can "grasp to their little hearts" and keep everybody else tret of. Dr, Eilsrtson pointed out the Yacht Club had that once, when the fence was in place Whoa the fear was removed in order to grade the area, BCDC immediately had control of the situation. The Yacht Club has been squeezed by BCC but is grateful to BCDC for peruis<sion to use the Lend for the purpose ft is used. There is no other place convenient to the hoist. The Yacht Club has every reason to believe that once dividers, planting buss, various control entities are in per, the care and trailers can be moved over, out of the way. Be ewes not score this would work after 5:00 p.n. on verkdeys and that the police weld perhaps have to be called by those who watt the parking enforced, brae Clue members will not be there at such times". Club members will he acted, as reasomablae Club members, to otbe rwisos see to the parking matter. Mayor Norton's understanding g of the presentation and Councilmen Comstock'ss question was that from the Yacht Club's perspective, it would be preferred that the County provide are additional public hoist and berthing, west of tba See Bcouta area. !i5 4/11/7 haTION: Councilman Berwald moved, seconded by Witherspoon, the Planning Commission's recommendation that Council approve the application of the Palo Alto Yacht Club for "D" Site and Design District approval of area improvements at the Yacht Harbor, Zone District P -f' -D, subject to conditions recorded in the minutes of April. 7, 1976; and find that the project will not have a atgnificaat snvironmentael fact. Councilman Berwald believed meticulous, cautious counts had been heard tonight on the 'Yacht Club's application. In that lights he expressed strong support of the recommendation. Hie review of the Planning Commission's auinsutes brought to his attention considerable comment by one or two Planning Commis- sioners on the parking matter, especially complaints on the opening day. He commented that two people can look at a glees of water, one saying the glass is half full, and the other saying the grass is half empty. He was present on opening day and considered it a very positive event, as always, as far as the public of Palo Alto was concerned. He believed Dr. Ellertson was saying this is just another very healthful recreational activity in which meuy Palo A1tans and other people in the area participate, without the City's leaving to provide supervisory personnel in the area. Councilman Berwald viewed this as an excellent activity, Hs understood a youth program is under consideration by the Yacht Club and could foresee instruction in the handling of El Toros and similar small. boats, As far as the area, he felt much eore should be done to improve the area south of the Yacht Harbor. For instance, he did not recall offers of help to the Sea Scouts, in their same location for many years and one which is in terrible condition. If the City wants more of the public out using the waters in ,ill and medium boats, then additional space must be provided for them boats to get into the seater. Additionally, efforts must be pursued to continue the dredging of the dangereun portion of the harbor in the southeast area in the vicinity of the small island. He hoped Council would approve the recommendation. AMENDMENT: Councilman Carey moved, seconded by Comstock, that as s further condition to Council approval, that said approval is not to be construed as Approval of or agreement to any existing or future boundaries of any leasehold interest between the Palo Alto Yacht Club and Santa Clara County. Mayer Norton summarised the amendment to the motion as being to the effect that Council's action tonight would not be construed as approval of this Coentil of any new lease liana. Councilmen Carey confirmed this ryas thrs effect his amendment was intended to convey. Mayor Morton explained his reason for asking meat that he me not sure the Council would have to approve the lame line. Councilmen Carey said he know that the mil would not have to approve the mass line and remarked that perhaps be should .41 that ."it is without prejudice to any future Council action au the proposed 1sylands Master Plan. The Council will be debating the proposed hhaey3 s Master Plan, and it is theoretically poiesible that master Plan wars will be decided, which will 976 4/19/76 be inconsistent with a future lease between the County and the Palo Alto Yacht Club. However, in the interim, he felt this Council should make it clear that by approving the application tonight, there is no tacit understanding or agreement as to the use,' by the Yacht Club, public or ctherwieee under any future lease. This was, he added, his reason for using the words "approval of...lease lines" because the lease lines will designate the leasehold uees. Mayor Norton assumed Councilman Carey was saying that the Council would take no position on that entire question. Councilman Sher thought Councilmen Carey's amendment useful and appropriate to reflect discussions of the matter by both the Planning Commission and the City Council, He felt this wee probably about as far as the Council could go, given the application on which action is being taken tonight. It vas his rope that in the near future, the City Attorney's office could clarify the lease matter and determine what part, if any, the City will play in subleases the County might make to other parties. If the City has ao official right in such subleases, Councilman Sher emuggeated it would be useful for Council to go on record as wanting to be consulted at any time there are such subleases, so there would be opportunity to review the documents. The amendment was approved on the following vote: AYES: Berwaid, Carey, Clay, Comstock, Eyerly, Norton, Sher NOES: Witherspoon ABSENT: Beahrs The main motion, as amended, was approved on unanimous vote, Councilman Beahrs absent. Councilman Eyerly aeked if he was correct in recalling that tba Baylande consultant was directed to look for areas for dredging for spoils for re -usage. Mt. Hudak confirmed Com:Lea n Eyerlyls recollection, adding that thee consultant wars also directed to look into alternative launching facilities for small berate within the harbor. This charge he therefore also been included in the $ayland. Master Plan at the direction of Council. Couaciiwan Eyerly hoped the consultant was actively pursuing than natter, and Mt. Hudak rest the consultant would be doing *o, as soon as the City has his =radar co tract. Council recessed from 9:2S p.n. to 9:50 p.a. :232:6) . Mayor Norton asked Its. Steinberg* Chaim of the Planning Conmiseion, to eummarise the recommendation for the benefit of the public. 977 AI t/76 Mrs. Steinberg stated that the Planning Commission found itself in a dilemma over this matter, In June, 1975, the Palo Alto City Council had approved the trail and directed the Planning Commission to develop plans for the trail, after holding two public meetings. At the Cosaasiasion meetings with the residents, a great deal of opposition to this trail surfaced, opposition which had not previously been heard by the Council. Petitions for and againet tha5 trail were filed with the City Clerk. At the third Commission meeting, on March 31, 1376, as reflected in the minutes, considerable opposition to the trail was expressed. The Commiaa,aion is concerned that safe public access to the dedicated parkland* be assured but, in deference to the wishes of the neighborhood, has recommended only that the existing natural trail be improved and maintained,, that adequate railing and warning signs be installed, and bank stabilization be undertaken to prevent further erosion. Councilman Berwald referred to a letter, dated April 7, 1976, which he received from Alan Dodd, who spoke at the Commission meting; Mt. Dodd also wrote a letter, on April 6, to the Pala Alto Times, in which mention is uade of the petition signed by Mr. Dodd and others, that Mr. Dodd and other petitioners now would accept the Planning Commission's recommendation. Some of their objections concerned cost and concern the area would be a haven for diecrean*s, etc. Mia. Steinberg hoped the Commission's recommendation would be acceptable, because the Planning Commission has recommended a much simpler version than originally anticipated; in fact, the Commission has not recommended that a trail, as such, be built but simply that the existing pathway be maintained. MOTION: Councilman Berwald moved, seconded by Comstock, the Planning Commission's recommendation that safe public access to the San Franciequito Creek dedicated parklands be accomplished in a lov key way so as to minimize the disruption of existing natural features while insuring pedestrian safety and protection from both the road traffic and the creek bank drop off. (1) The natural trail now existing be improved and maintained under a regular pa+ h,eway - m eintenancae program. (2) Adequate railing be installed along the banks together with posting of warning, signs. 00), Bank stabilization should be done at the earliest possible time to prevent further erosion. Bath Kaopman, 1:31 Byron Street, was aghast and vehemently opposed when she first beard about the San Francisquito Trail. She now wanted to eey that staff listened very attentively to the reeidantae' concerns send objections. She especially eppreticiated Hr. White's attention to her "vehement" comments. She sees now that Planning Co .imaien doalts not call this San Franciscqui.to Trail, which got so teach opposition` the project is now described as "safe access to public laud." So now, alb terribly opposed to the proposal previously, NO. Kempftenn reluctantly concurs with the modified reaction but would like to drew several points to Council's attention. To begin with, she agrees in principal to the project, but believes the expenditure to be a bad use of City fends. She pointed out to W. White and otheza on stag/ that two trails already_ exist. Cue is a partial and overgrown trail, and the other le creek bad, itself. The Planning s'.= comes to state 97$ 4/19/74 } the need for bank stabilization as the fourth and last point in its recommendation; but she finds this is central to why she has been so opposed to the trail. HA. inn *toted that bank stabilization must receive priority and meet be included in the meet Capital Improvement budget. Bank stabilization has to be initiated, she stressed, before a trail can be considered. A trail is impossible in several places because there is uo space betueen the curb and the bank drop off. In fact, ohs is appalled, after living in Palo Alto for over five years, that nothing has ever been done about the bank stabilization of San Franciequito Creek. She felt the Creek has been neglected and thought ill of, and so, in a way, she is appreciative of the fact that it has come to the public's concern. She suggested a series of staggered railroad tie retaining walls that would create a bedding for trees to prevent further erosion, create access to the Creek for those energetic mougl' to climb down, and the widening of the path area at the summit, between Waverley and Cowper on Palo Alto Avenue, and between Emerson and Bryant Streets. She noted that monies are already spent on the maintenance of shrubbery and mini -parka along Palo Alto Avenue, and an overall plan of upkeep and maintenance could maintain the trail without the expenditure of $60,000; but she has noted that the figure is now changed to $35,000, a heal improvement, in her view. Safe access to the dedicated parkland must include the removal of poison oak, which is an unending task - she qualified her request by saying removal along the path, conceding one could not hope to get totally rid of the poison oak. Collection of broken glass and the pruning of eye -level branches is another matter she hopes will receive attention_. Removal of vegetation that cannot be easily replaced should be avoided, but she was concerned about the workers exercising discrimination she queetioned if each bueh, shrub, and tree would be perhaps marked "prune," "remove," "don't touch at all." Removal if at all, of deadwood suet be discriminate, for this is the natural habitat for wildlife and for birds. Ms. Rampmann stated she already sees examples of poor choices Parks Maintenance creme are making. She has listed her cone to give to that City Clerk for transmittal to staff, in case these matters are not being caught in her "verbosity," as she put it. One is that on Palo Alto Avaus at Byron Street, the indigenous shrubbery and eucalyptus trees have already begun to be removed, while the eolauthue, which is an invader, has been encouraged to grow. This tree is commonly called the "stink" tree and would not be very appealing to anyone jogging along the pate who might rub against the tree. This obnoxious species of tree is that for which the book A Tree Crays In lre .rrnm kly was named. Xa. Kampmann took offense that natural shrubbery should be wed, yet this' post, encouraged to grew. Eolentbus trees travel many feet beneath the streets, coming up to disturb the street's surf+ecos, causing more costs in street maintenance. A send matter concerns the pyraeantha on Palo Alto Avenue, most of taaso Street, which has been pad admirably. But the immediately surrounding grounds have been excessively cleared and the debris, dumped in the Creek. She ported out that clearing groin of pins needles and natural shrubbery that are already erosion -controlling seemm useless; but dumping trees in the Creek and the resulting unsigbtlinese seems senseless, particularly when any residents like to valk 979 4/19176 in the dry Creek. Third, immediately west of the site, adjacent to the grassy area, there has been no attempt at even minimal ' maintenance. Four palm trees are suffocating after years of growth and wind-blcwn debris. She also wondered why the Police have not complained about this area - riffraff is always to be found there, and sleeping bags, beer bottles, etc., are obviously not conducive to the neighborhood area. Me. Kamp+ ann, addressing tha Planning Commission's point for adequate railing wondered what is considered adequate; would the railing function as fencing to prevent access to the creek bed.- She hag looked at the nap, and wherever a fence is indicated, this occurs in just those places where residents have long ago established paths down into the Creak. One example is at Tasso Street, by Mr. Mills' property, where there is just such a lovely path. Putting a fence theme will sake the path no longer accessible, ar.d the natural creek bed path will no longer be usable, by that route, causing other paths to be made, which, in turn, will cause further erosion. She hoped for the use of paths already there. Railings, she added, are a good idea, but also a public nuisance. Kids like to suing on railings, she pointed out, and if there is no bank stabilization, they will suing out and down into the Creek. While the City Manager asks citizens for suggestions to lower ever-increasing expenses, an outrageous amount of funds is appropriated for San Fra ,cisquito Trail although she hastened to say she would have to modify that particular point, since the amouet has decreased from $60,000 to $35,000. Heaver, there is a far cry between the original $60,000 and Frances Sreuner's comments that she would like to see the Creek side "cleaned up a bit." Ms. Kaaegaann hoes to see priorities changed, with the creeks bank to be stabilized first, and then en increased budget to be allocated for on -going maintenance. In this event, a trail could be considered as completion of en existing situation, and fulfillment of the intention of the dedicated parkland, at afuture date. Ms. Ke mann was glad to see her suggestion to Mr. White included with respect to the enlistment of high school students to help make this pathway. In closing, Ms. Ksspmann said she is for the modified pathway, tot a trail, but thinks instances of poor choices should be brought to the attention of Parka Maintenance Staff to prevent continued disruption of the natural habitat in the area. Joseph Bianchi, 380 Palo Alto Avenue, has resided in Palo Alto for 45 years, attended the Planning Commission meeting as one of many property owners on Palo Alto Avenue who opposed the San Franciaquito Creek Trail; ha spoke of the petition which was signed by over 200 residents of the vicinity of Palo Alto Avenue. The residents are against the cutting out of shrubbery and the destruction of tree, . end tbs increased traffic in that area which the Trail will create. The residents were also concerned, he said, that this is a round -a -bout way to build a path on the creek bank. Me hoped to have a specific answer to this gmeation. Mayor Morton asked Mt. Bianchi to re -state his question, aad. Mr. White would attempt to address his concern. 9 813 4/19/76 14r. Bianchi explained there is already a natural trail which is now being improved and maintained under regular pathway maintenance. He wanted to know if this was not a round -a -bout way to build a path on the creek bank. Mr. White responded it was not a round -a -bout way in which to build a path. Along a great portion of the creek bank, where people have walked and do walk, there is a footpath chat is used. What tonight's recommendation refers to is to maintain that footpath by clearing the brush so that the footpath is easily accessible for walking. This does not mean that any type of trail surface will be put in. The existing ground cover would not be changed. Mr. Bianchi indicated that all of the other recommendations have be satisfactory to residents of Palo Alto Avenue and the immediate vicinity. He has made contact with most of the residents, most of whom are retired people who cannot attend tonight's meeting to address the matter. He indicated their favoring the acabil.tsation of the creek bank, to prevent further erosion of the bank itself. Mr. Bianchi's opinion was that additional expenditure for this project would be worthless, because the City has projects of greater importance than building a pathway in Palo Alto. Sonya Wilcomer, 3778 Redwood Circle, favored the pathway trail/park project along San Franciscquito Creek, indicating Palo Alto does have a need fox this plan. She felt the few people residing in the area should not close up the area to the majority of the people in Palo Alto who might enjoy the use of it. She believed it would be a unique and different kind of park for Palo Alto.. Ditter PeschckeKoedt, 965 Addison Avenue, ststed that in 1972, it was her husband who brought up the saa,tter of a walking trail on the creek to City steff and, subsequently, the City Council. It was not a new idea to Mr. Peschcke4oedt nor to her. Minutes of earlier stings have described her husband as "the gentle- man from Addison Avenue," and have suggested that there is no demand from residents for the trail. She pointed out she is a resident and earlier, 1953 to 1960, lived on Fulton Street, often walking then aee they do now in the evenings and on weekend s , along the creek area, wondering why it is not possible to walk in safety on the creek side of Palo Alto Avenue. Walking their toddlers, Mts. Pescbcke-Kosdt was often tempted to cross the street to view the creek or to smell the elopes., but, with small children, it was out of the question. Sometiaea, however, a kind resident would watch tba children, giving her brief opportunity to cross the street and enjoy the scenery. Even nnw, on far -away Addison Street, she lives only 41 blocks from San Francisquito Creek, and her featly still walks to that area. Before presenting the idea of the trail to Council, her husband often talked shout the development of such a trail to neighbors and friends, ell of whom supported the idea. Until the public bearing, they knew of no one who opposed the ides. Shoe pointed out that only people living on Palo Alto Avenue were notified by letter of the hearings; although the trail route is on public parked and belongs ro all citissas of Palo Alto. With many apartment dwellers close to the creek amd more moving in all of the time, there is an added need for the trail for people who do not have their own garden. For the record, she brought to Council's attention the fact that well over 300 names of residents who liked the concept were filed with the City Clerk, including many senior citizens from Lytton Cardens,who would welcome such recreation. The trail now recommeOed by the Planning Coemiesion and staff is a much simpler, more natural version of the original concept, and that is all right, in her view. She urged the Council's approval. Corrected per ltr from Mr. Dodd all references that refer to "Poe" St should be corrected to "POPE" St. 6/2/76 Alan N. Dodd, 754 Peio Alto Avenue, understood that if he heard Mra. Steinberg correctly, it is not intended to go ahead with the trail under the original plan, directly around the creek, If that is so, he acid the vied has been taken completely out of his sails.- Nonetheless, ha wished to make several remarks on the isabject at hand. He has lived at the junction of Fulton Street and Palo Alto Avenue for the past twenty-five years and therefore feels he knows the Middlefield Road to Poe Street area better than many. While representing to some extent all opponents of the trail, he spoke particularly for residents living between Middlefield and Poe, with which he is most familiar. His comments were restricted to three main arguments against the trail. First, the cost -- the fact that City management recently circularized City residents, requesting ideas for possible retrenchment in these difficult times, speaks for itself. If money has slready bears allocated for the trail, it does not necessarily mean the money has to be spent. At the same time, he wanted to make clear the opponents are not against expenses of clearing creek side deadwood and replacing it with new plantings, as is presently being done in the vicinity of Guindae and Palo Alto Avenue. This would make the shrubbery bordering the roadway more attractive to passersby. Secondly; he did not think residents of Palo Alto have sufficiently impressed City authorities of the full extent of crime along Palo Alto Avenue. While canvassing for the recent petition against the trail, in the Middlefield to Pce Street sector, he learned that almost every other house had been burglarized at one time or other during the past four to five ye ere. One elderly lady living near Poe Street bridge, who works and lives alone, has been robbed eight times, with her wiudows smeared with rotten eggs on the last occasion A professional couple living in an expensive home near the pumping station et Hale have been robbed three these and showed him a bullet hole in their Large plate glass window, done, they believed, by those who had previously burglarized the home because the owners had instilled a wrought - iron protective grill. Another elderly lady living alone has been robbed four times, the lastoccasioa being only several months ago; ethe' is now, he stated, a pitiful nervous wreck, unable to attend tonight's meeting. The house, one reamovsd, from Mr. Dodd's has been robbed five times; on the lest occasion, the thief stole an outboard motor from a locked trailer ;parked in the driveway. The houels next door to Mr. Dodd' a was robbed of $2,000 worth of photographic equipment.- On the other ,side of Kr. io4d, the house has been robbed twice, with two doors being removed. and s retired elderlylady, living alone, suffered a loss not only of valuables, but also sentimental belongings. This lady was present -at tonight's meeting, but too frail to be called upon to speak. In a.laast every case, these were daylight robbsriet while owners were at work or spray frpe the house. One usually doss not see the aiscreants; but from police reports and personal observation, it is known that the -982 4/19/76 thieves hide in the creek aide shrubbery on the opposite aide of the roadway and await their victims' departure. Thug, the residents are at greater risk than other residents of Palo Alto, who have neighbors on the opposite aids can see what is going on and raise the alarm. Consequently, any measure which will serve to encourage the rascals, such as the building Of a trail, is not in the neighbors' best interests. Similarly, if a trail is constructed on the creek edge, anyone walking the proposed trail would be hidden from the roadway by the shrubbery, which ranges from five to thirty feet in depth. Hence, it would be s sizplae natter for a crime -- such as physical harm, robbery, or event reps -- to be committed, sight -unseen, with the perpetrator making a fast and easy getaway either up or down the creek bank, or up end over into the jurisdiction of Menlo Park. As of now, the residents can and do warn of each persona when teen skulking in the shrubbery, by threatening to call the Police. With a pehlic trail, their legal right to do so would be more questionable. Mr. Dodd apologized for the length of his comments and repeated what he said here a month ago that, as far as he knew, there is no residential demand for a trail or a pathway coming either from the neighborhood or further afield in Palo Alto. True, he stated, there are pleasant vistas from the three bridges; but he personally could not imagine anyone wanting to walk along the top of this creek, with its parched dry stony bottom, and in most places, a bare earthy bank on the other side with, at many times, millions of mosquitoes and poison ask to scar whatever pleasure night otherwise be obtained. Mary Anne Mark, 72, Cowper Street, was interested in the earlier reference to Brooklyn. She said Council may not believe it, since she has lost most of her accent, but she was born in Brooklyn. New York, she explained, has appreciated nearly any tree that was available. Most of the trees that once grew in Brooklyn are now in fact flatbuah. She feared she does not return to visit New York very often. Brooklyn had no !charming streams, such as San Prencisquito Creek, and she would have liked to grow up with such a stream in her backyard. Now, as a Pela Alto resident, Mss. Mark desires and supports access to this creek park, which she and her husband would definitely use.. Access, she continued, should bat eccomplished in a safe, environmentallerseeed ter, considering legitimate concerns of searby resident*. She encouraged the removal of as little vegetetioo as possible and believed the scale before Council accomplishes these goals. She also bsliev ed" Cleat with or without this access, burglarises would coatinue to occur, and she suggested if there were more residents using the area, thee* would be less crime with more people is evidence. She enthusiastically endorsed the proposed pima and encouraged its adoption. Michael Lineman, 820 Palo Alto Avenue, read into the record a letter signed by himself and Carol Settle, who wee also in tonight's s audience, supporting pea s et the resolution before Council, sa that the -Timothy NoOkins Cteekside mark cam be improved mm4 enjoyed by all e f the residents of Palo Alto. In the letter, they applauded the Planning Commission's' cien tious review of creek side development and urged Coentil to follow the Commission's example in adhering to the trust and moral responsibility placed in Ca cars by the people of Palo Alto. Speaking informally about the tome of cants 9$3 4/19/79 made tonight, Mr. Kindman was hearing a much more cooperative and open tone from everybody, on both sides of this issue. The letter he read into the record speaks to the tone that existed at the time of the Planning Commission meeting, and it is now sounding, to him, like there is no longer any opposition to the plan in its present form. He found that a very hopeful development. Mr. Kindman also wished to second, and express approval of, the comments of Ms. Kampmann, who had studied the situation very carefully and was open-minded. Having started from the opposite side of the issue from M. Newmann, Mr. Kindman perdonally endorsed all of her comments. • Herbert Ogden, 1755 Alma Street, echoed Mr. Kicsdman's sentiments and those expressed by Ms. Kampm nn. His view was that in the creekside park, Palo Alto hex a resource which, as several speakers have reminded Council, should be shred by all of the residents of Palo Alto. The first epe41ker' a comments about making sure that actual work is performed in accordance with the Planning Cosm issiou's present plan were well taken. To accomplish the intent of the plan, this would involve, as the speaker pointed out, making sure that someone is not given rather vague ideas of what is to be uprooted. He called attention to the fact that a few of the residual arguments expressed tonight against the creek plan do suns to be directed against the original, more expensive plan or possibly againet some rather imagined problems. Without going into these arguments in great detail, he mentioned the issue of warning away a miscreant who is currently found on the creekaide of San Franciequito Drive, Hie impression was that since this is already public land, legal authority that could be used now would not differ greatly from legal authority used if there were a pathway at that locale. He was of the opinion that this issue has been rather overblown in the past. Councilwoman Witherspoon had several observe tions to Rieke, as a user of the area for almost twelve years. She hsae walked her children and her dog in the area and has found that she uses the sidewalk very satisfactorily. With a great deal of detractive work, Councilwoman Witherspoon has found that if, she tests a rural area, there are three different places where she can get down into the creek bed, which is available for walking for amt of the year -- with some stout shoes. She described this, creak bed area as like being in another world. Although opposed for many of the reasons mentioned by fir. Dodd and others to having a fullsblows trail carved on the bank side of the road, the ems pleased to sea that the Planning Co sloe has amended that proposal. However, she-, heed. mejor concerns, basted on her experience in using the area, with the Planning Commission's recommendation. First, it is proposed that there be access to the parr, which she assumes to. man along the top of the creek bank, and that existing trails are to be developed. She has walked those trails, and cited the fact Chat one crows* the street, walks along for perhaps half a block -- as far as the trail exists — then it is necessary to go back across the streets with dog or child, and walk aloe the sidewalk until coming to the neat trail, This is a worse hazard, in her vier, and especially so, if people are ping to be encouraged to do this, than mists now. There are blind corners; some people teke that as a Challenge to test the maneuverability of their sports car, and it is tether a hazardous pedestrian S g 4 4/19/76 process to be crisscrossing back and forth across the street. A way must be considered to have pedestrian crosswalks or similar method. She frankly felt, given her knowledge of the area, that it is not necessary to walk along the creek bed to experience the pleasant aspects of the locale. There are small bench areas and others could be developed, where users could sit near the creek bed without being encouraged to walk along the creek's edge. She *hared the speaker's view that installation of barrieers< almost encourages people to gc over to the edge of the creek. In her own rase, she does go over to look out; but if she were to be walking along the edge, she has mixed feelings as to whether the proposed barriers would be an attractive nuisance or a safety factor. If Council approved this recommendation, Councilwoman Witherspoon wanted to seems the clause canning for improving the access modified to include that staff look at the possibility of improving the accsese to the creek bed itself. There are a number of intended ways to get down to the creek bed, but without knowledge of these routes, it takes a while to find these. Certainly, all children slide down the muddy or dry bank, a rather difficult accomplishment for most adults. There is also a good deal of poison oak; and ale could testify to the fact that one does not even have to slide down the creek bank to contract poison oak. Thus, if Planning Cowmi.ssion!s recommendation is to be passed by the Council, Councilwoman Witherspoon urged careful study on a solution :o the pedestrian problem, viz. a viz., the trail's being half on the sidewalk and half on the creek bank. She was uncertain what streets provide trail access to the creek bed; but two of the streets are on the Menlo Park wide, one being near the Chaucer -Pope bridge and another by the University Avenue bridge, and there may be others' on the Palo Alto side of the creek of which she is not aware. That is e very pleasant walk, enhanced by an even more rural feeling on the part of the walker, providing there is no water in the creek bed. Mayor Norton commented he did not know haw Councilwoman Witherspoon found time to walk along San Pranciequito Creek. Councilmen Sher expected, on readiug background materials an this natter, to cep to the meeting and have a knockdown, dragged -out fight between . two factions. He was delighted to sense that the recommendation Council received from Planning Commission **ems to have seat most of the objection* on both sides, although there ruin some residual concerns and questions that quite properly need to be dealt with.. The Planning CommiiaOon is getting a lot of credit, and that is all to the good; but he did not think Council sbo d overlook the fact that Mr. White, in ' bias report to the Commission, •ogdested three alternatives; and the second suggestion is basically the recommendation adopted by the Planning Commission, elaborated on in a way that sent some of the concerns. Councilman Sher complimented Mt. White for the germ of the idea. Councilmen Spar stated it has been suggested to bin that the - of the safe access feesastuss would be et lfarlowe Street, a deed -mod street, bs thought; one 'suggestion vas proposed that it would be better to end the access halfvsy between Chaucer end Marlowe Streets, where t r.. is a large open area elomg the creek. ea asked Mr. White's reaction to that point. 9 8 Ss 4/19/76 Mr. White knew of the spot Councilman Sher had described. A Mr. Weiss, at a previous meeting, did express desire to have the trail end at Chaucer Street. There is a large open space, which could be trail's end; however, the creek bank, ali the way to Marlowe Street, is wide and open, and could be walked upon quite easily. Councilman Sher assumed )fr. White saw no severe problem, then, of taking the trail to Marlowe Street. He brought the point up because the question had been raised and he wanted to ascertain Mr. White's thoughts. Mr. White responded he saw no problems. Councilman Serwa ld assumed einee the estimate was made by Mr. White in a March 1976 report, prior to the Planning Cosmission's meeting, the amount being $35,487, it did not include finds for bank stabilization. Ht wondered why stiff would not want to start bank stabilization, spending some money for that project, then whatever is left over could be used to improve the trail. et appeared to hire the beet way in which to go about the project, and he felt that in putting in the trail, the City would be cutting down the dollars by half. Yet, the trail was still going in, essentially less an ambitious undertaking than initially proposed. Mr. White explained that bank stabilization was a much more expensive type of project and complicated, as well. At first it was thought it was City' aL responsibility to do all of the stabilization work; however, Mr. Paawloski, Director of Public Works, and Mr. R echke of his depart t, have researched the matter, and the Flood Control District has control over the creek channelro- not the bank --- from Alma Street to Marlowe Street. That area is dedicated parkland in the City. The Flood Control District, be continued, collects tax money on San Fraatncisquito Creek because it has an area of sore than 320 acres. The tax gooney is specifically designated fur bank stabilization and control of flood wards. So it is possible for the City to grant the Flood Control District an eaasaaraasent along that area, thus obligating the Flood Control District to do the bank stabilisation. However, such a granting does involve dedicated parkland, making the problem more difficult. Couticilean Herwald could foresee the sxpe ditere of some $35,000, and one walking along the creek is not going to be able to tell. where that eum was spent; and it will not wake meaaurable difference in the public's apprscietton or the ecology aloes the creak. Councilwoman Witherspoon expuesasd thoughts similar to hie own. He pointed out that in these clays when the Council has to husband the City's funds, the correct way to proceed would be to w.it until the City can work with the County and eliminate the attractive nuisances which exist along the creek before beginning to attract more people near the bank. It is very dangerous in spots and probably always will bs, so he recommez d 4 the dollars be directed to takin=g care of some of the hazards, including the bank erosion, first, followed by spending funds on the trrail. itself. Bs surmised most of the costs involvsa are for the labor rrequired to cut down underbrush, and it was hie view that the initial pruning ought to be handled as part of the City's general pruning operations 986 4/19/76 all over the City, rather than spending $35,000 of new money to accomplish the pruning in the subject area. Mr. White explained the funds come from the Rural Trails Capital Improvement Project; there is $100,000 in that Project, thus it is not a new appropriation. Councilman Berwald asked if the funds were already approriated for this purpose. Mr. White's response was affirmative. Councilman Berwald asked Mr. White's response to the question of danger and the possibility of -using some of those funds to eliminate the risks before attracting more people along the creek. Mr. Whitt replied that the arras requiring bank stabilization are there and need correction; he did not know that these areas create more of a hazard or that they will in the future. He mentioned flood possibility, for example, in one spot very near 101 Alma Street, which does have sandbags near the bottom; but in flood conditions, if that were to erode, it would erode under the roadway, and that would be one spot where the trail would be in the street, the street would also be in jeopardy; thus he did not know that the City would be creating any more hazard or correcting any more hazard by trying to fix the bank right sway. It will involve quite an undertaking to accomplish hank stabilization properly. Councilman Carey asked if the recommendation by staff, that the natural trail now existing be improved and maintained, included an iuterconaection of existing pathways, since they do not connect now. W. White responded that the interconnection would be ramping along and changing of the curb lima on the creek side of the road. Councilman Carey concluded that meant a fully connected trail. Mr. Whits responded that was correct. Councilmen Carey asked if tha $7,400 mentioned in the staff report was the cost of connecting existing trails. Mt. White gave affirmative response. Councilmen Carey spoke of a figure shown for initial pruning -- some $15,000 --and said en earlier speaker indicated some pruning had already started, sad he asked if this was in connection with the proposed project,, or silly maintenance -related. Mr. White responded that parks Department has undertaken, under maintenance, the pruning which has been dew, including cleaning out some dead brush and planting new trees where some are old and unhealthy or dying, Councilmen Carey assumed staff vould tale Mr. 'mote's comments and react to those comments. It seemed to him that if t! were valid cats, the City ought to be maintaining the 997 4/19/76 area in a somewhat different way than heretofore. He expressed concern that the recommendation puts the emphasis on bank stabilization as the first thing to do; yet there is no cost estimate for such work. He assumed that work would precede any other work, including pruning, fencing, and diverting the roadway. He asked when staff might have an estimate for bank stabilization. Mr. White said that he will contact the Flood Control District and the Water District, following which he could provide Couaacil with a better answer. He estimated this would be in a month's time. Councilman Eyerly liked the idea of a natural trail *long San Francisquito Creek, its being the one creek running though Palo Alto providing a natural ecenic area in which to walk. He also liked the compromise idea at which Planning Commission has arrived for a natural, rather than a surfaced trail. From Mt. White's comments, he assumed that the trail along the bank will be continuous and would not be going back and forth across the street, such as Councilwoman Witherspoon described with concern. A question not yet clear in his mind was that the Planning Commission recommended safe public access to the creek and dedicated parkland, and he asked if that meant access to the bottom of the creek. Mr. White said it did not. Councilman Hyerly concluded that aince access to the area along the top of the bank was the subject at hand, a route to the bottom of the creek, which might attract burglars. etc., wes not under discussion. Mr. White responded affirmatively. Councilwoman Witherspoon remarked that Councilman Carey had brought up a point- Mich produced the fact that tha trail is continuous; she questioned what happens to the road, where the trail is moved into the road. Mr. White responded the road is narrowed a *mall amount, by about three feat. Councilwoman Witherkpoon assumed a curb would be installed, alleviating danger. Mr White said the curb would actually be re -aligned. Councilwoman Witherspoon asked if that area behind the curb would be filled in with dirt. M . White responded that Councilwoman With rspoon's understanding was correct. Vice Mayor Clay asked if the suss of $5,000 to $13,000 depended solely on the auMber of - kf naer feet required to put up the railing being instilled in accordance with what is described by staff as being "adequate for safety." Be queried the meaning of this recommendation. 9$$ 4/19/75 Mr. White explained that in reviewing this project with City engineers, staff picked approximately 445 lineal feet of area requiring some type of protection, at least, so they think. If the recommendation is passed, the City Attorney assigned to the project will be consulted to decide exactly how many feet, and where the fence would have to be, to meet the legal responsibilities of the City. The type of fencing could be a rail fence, regular pipe fence, or a split -rail fence, similar to that around the entrance to Foothills Park. The split - rail fence requires more labor, thus the range of $3,000 to $13,000. Vice Mayor Clay asked the effect, if any, an the City's liability, in relation to installing raiiini;s/fences or not. Mr. White responded this does not have is great deal of effect on the City's liability, as he understands the matter; but perhaps Mr. Booth would wish to comment. W. Broth stated that putting the fence in might tend to reduce existing liabilities. Liability for persons who might fall in the creek is already there, and putting in the fence may reduce the hazards. Vice Mayor Clay was interested in Mr. White's comment that possibly, with the Flood Control District and by granting an eaeement, the City may get same financial assistance on bank stabilization. NMr. White confirmed that possibility. Vice Mayor asked if this might also extend to financial assistance for improving the trail. )4r: White doubted such financial assistance, explaining that the Water District has made it a quite clear statement of policy on trails along their right of ways; it is similar to what the City has done in the Flood Basin -- the Flood Basin is owned end operated by the City for recreational purposes such as nature walks. However, the Flood District maintains this as a Flood Control Basin. The City has responsibility for saintetn4ng the levees used for biking aa4 hiking, when used in that fashion. Vice Mayor Clay asked if the easement, if granted, would be at the creek bask. Mr. White responded negatively, saying the easement mould cue back into the parkland -- he was not sure bow far or utat type of acmes would be required. Details would have to be worked out. Vice Mayor Clay assumed explorations would be pursued in any case to have the Flood Control District participate is the stabilisation of the bank. Mk. White responded affirmatively. Vice Mayor Clay wanted to know if the City would carry ou with bank stabilisation of the bank if no assistance was forthcoming. 4/t#/76 Mr. White responded that the recoeeemeudation in the staff report was that in this event, the bank stabilization become a capital improvement project, Vice Mayor Clay asked for clarification of the fact that there is no cost eeetimAte for bank stabilization, should the City. undertake this project. Mt. White replied that *staff expected to have an estimate shortly. Vice Mayor Clay felt that everybody has agreed that the first order of priority is stabilization of tbs bank and the most likely project City should do, in connection with the recommendation. It is also apparent that bark stabilization may cost more than the $35,000 presently proposed for the trail. It appeared to hie that granting improvement in trail alone, without having the estimate of cost of stabilizing the bank, weight be driving the City into a hole, fiaanciaa1ly. Re likened such an action to putting the second order of priority first in the inpleaientation queue. It appeared reasonable to gat an estimate of the cost of bank stabilization and ghat effect those figures might have on the improvement of the trail itself; then once the information were availall+:e.e, the Council would be be looking at a total plan which may, indeed, affect the amount of railing, improvement in different parts of the trail, and other items in the project. SUBSTITUTE LION: Vice Mayor Clay earned, seconded by Witherspoon, that Council declare that the first priority is stabilisation of the creek bank, and that staff be directed to develop a plan, with acc anying budget, for ease; that acceptance of any plan be deferred until staff information is returned to Council; and that such plan also include exploration of easement to the Flood Control District and the implication of such easement on the financial aspects of the program. Mayor Norton indicated he would vote against the notion, starting his preference for a motion, silly directing staff to use its best efforts to get the Flood Control District to start with a plan fox bank stabilization. His thinking wee that such direction would be edequate, adding he did not want to delay the plan before Council tonight nor did be see the necessity for holding action on the stutter. Councilman Comstock agreed with Mayor Horton. Seemingly, it was an apples and oranges *illation. The Flood Control District has been taking millions out of the City for years, this being on the pretense Chat one of the District's responsi- bilities was to keep the City, at these particular points, from getting flooded; this vas a responsibility, he point.+ed out, that the City had to boat there over the head to step up to in 1556, given the miserable condition of the creak linings near Baysb ere. The Dletricteeeele in and did something about it eventually; and yet, the City still has to keep after the District to clean bra out of the creek in order to maintain reasonable +cal. flow*. Courscilmen Co astock voiced concern that if Council takes a state far over into another direction, the City may find itself with a creek that is stabilised in the seer of Adobe Creak and others. ge did not think the City vats that kind of stabilisation -- a path looking down 990 4/19/76 upon a concrete gulch. Stabilization, he continued, is something the Flood Control District should be doing, in a reasonable way, path or no path; otherwise, the creek will sit and some day eat holes in that particular and of Palo Alto. Thus he suggested that if Council likes the idea of a park, path/trail concept, and improved access along that stretch of San Franciaquito Creek, the proposal ought to stand on its own legs. In his -view, the ides was meritorious, Indepeudently, he thought worthy the idea of a certain amount of repair and aaaintenence work and stabilization of the creek bank by the Flood Control District; and this matter should be pursued with the District. Pereonal recollection told hint that based on the City's experience in dealing with the Flood Control District,there would be a long wait for response, given the need to thrash out ar..i deal with the problems. If the other part of the program is `..: pie contingent upon the Flood Control District's participation insofar as bank stabilization, the Council may as well respond, in kindly and direct fashion, to the audience with "forget it. Weil start all over again some day when we've got things straightened out with the Flood Control District." To tell the citizens the City will get things straightened out when the City gets the Flood Control District straightened out leaves everybody hanging. Councilman Comstock urged defeat of the substitute motion and dealing with the motion originally on the floor. Councilman Carey agreed with Vice Mayor Clay in his concern, although he felt he would vote against the motion because he thought the two matters should be independently pursued. He was concerned the City would get itself into a corner, where coat estimates are being obtained for bank stabilization from the Water District and, at the same time, in trying to push the Flood Control District into paying for those costs. The City may not be able to gat both; and to voce the pathway conditional on the availability of other funds to stabilize the bank may delay the project indefinitely. However, he thought the City ought to pursue actively the obligation of arse Flood Control District to stabilise the bank; and certainty, if the District proposes to do so with concrete sacks, the City should voice objection. The stabilization should be done in a way to preserve the natural habitat of the area end not in a way to destroy it. He therefore wanted both items pursued simultaneously. Vice mayor Clay's feeling was that stabilisation of the bank, improvement of the trail and, certainly the railing, are interdependent, in that without meowing than extent to which the stabiliaatioo of the bank amt be doh, it would be somewhat difficult to determine where the railing ought to go. If hank stabilization comes too long after the railing is placed, the railing may be down the crate bank itself. It should at least be known to mat extent the City has to go to stabilise the bank. In mentioning the Flood Control District, he was act thinking solely of the financial aspects, although of course, it old be good to have that kind of participation. His thought seas that the City should have these ors, before committing itself to an expenditure of funds with detailed implementation of some of ties directives in the motion. Staff hu eaid it can get back to Council within thirty days with at least an estimate of the cost for stabilisation of the 991 1419/7 bank; the estimate of costa cannot be doer: without determining how mechanically, stabilization would happen. We felt it reasonable to take time to get a complete plan on which Council would make its decision, and that was his basis in putting on the floor his substitute notion. The substitute motion failed on the following vote: AYES: Berwe.ld, Clay, Witherspoon NOES: Carey, Comstock, Eysxly, Norton, Sher ABSENT: Beahrs AMENDMENT: Mayor Norton moved, seconded by Eyerly, that staff be directed to pursue with all vigor the ides of getting the Flood Control District immediately to undertake a study toward a bank stabilization program for San Franciequito Creek. The amendment was approved on unanimous vote, Councilman Beehre absent. The Planning Commission's recomalendation as amended, was approved on the following vote: AYES: Berwald, Carey, Clay, Comstock, Eyerly, Norton, Sher NOES: Witherspoon ABSENT: Beabre MOTION: Councilman Comstock moved, seconded by Bexwald, that Council spprovse the Planning Commission rscoseasndation of approval of the application of Rocor International for a miscellaneous division of land preliminary parcel sap (2 lots) located at 2800 West Baysbore Road; and finds that this action will not have a significant environmont*l impact. The motion was approved on unanimous vote, Councilmen Boabrs absent. fr if :011e. 1,11 Iptt- i4:f.F� �1/ sI iii a��lsSs Mfr. -Si -pal had nothing tosd4 to the staff report of April 15, .1976, other than to dirsct Council's ettantion to the altsrnaate; notion which ves placed b.fors Countilmembore this evening, having to do with this matter. The alternate motion suggests that Council urge the School District, when considering future uso of surplus school sites, to continue Ortega and Grsendsli . playgrounds as open specs.,accessible and available to the public in a manor statist to their present ecceseibility end availability. Such continuance would really accomplish 992 4/1!/76 what the City is setting out to do: and that is to preserve the status geo, particularly with respect to Greendelk. Staff feels much less ettoagly on the Ortega situation, unless the land use of that particular site'is changed in a drastic manner. MOTION: Mayor Norton moved, seconded by Comstock, that Council approve the staff recommendation that City Council urges the School District, when considering future use of the surplus school sites, to continue Ortega and Greandeli playgrounds as open space, accessible and available to the public in a manner similar to their present accessibility and availability; and, further, if the proposed use of the surplus school vitas precludes the continued availability of the playgrounds, the staff is directed to explore leasing, at a nominal charge, approximately one-third acre of the Greendell School site, as identified on Attachment B-1 (and tiny tot area), and additional park space at Ortega School if the site is to be used for housing. Councilman Comstock asked staff if Council were to progress to the point where the City indeed :teased some land, particularly at Ortega School, or purchased some land as expansion of parks, would any modification of the development or use of the park follow the traditional process of having a neighborhood meeting to discuss the proposal with the residents. His reason for posing the question was because of inquiries from interested citizens in the neighborhood, and he informed these people that his current understanding was that this is the general procedure. Mr. Sipel responded that is true, but he would add that money would have to be budgeted in the Capital Improvement Program, and staff is not recommending any changes. Councilman Comstock assumed that basically, for openers, this would involve simply an increase in the open space in the existing developed park. lirr. Sipel responded it would not but would be, rather, a continuation of the same open space, with no change, except the possibility of the space being leased by the City. City does have indication from the School District that they may be willieg to lease the Greendell School site to some private party, with the understanding that the playground area would remain av'eileeble for public eccees; thus, the suggested change in the motion. Vice Mayor Clay questioned the second part of staff's recommendation, specifically with regard to the aunt of space e-- -third acre. In the Gres dell area, the recommendation is one-third *ere; for Ortega, the recommendation is to add to the 3.7 acres to make it a 5 -acre park. - Mk. Sipel said that was not quite 10ett staff was recommending. Vice Hayor Clay vas correct with reepect to Greendell. But regards Ortega, staff reeds : no change in the existing situation, lobes. the City park is right nsat to, and actually runs into, the Ortega parkland. If the lard use is changed at Ortega, i.e., if there were to be a housing project, then staff would suggest adding Ile tome, or something along that order, to the existing City park, but oul if the land us* 993 4/19/76 is changed. Vice Mayor Clay said his question was more to the point of the difference in the sizes of the parcels on a tiny tot area or a mini --park at Greendell versus a larger neighborhood park. Why not, he asked, a park of greater size at Greendell; he inquired as to the rationale of one-third aere as opposed to larger acreage or simply leaving the whole question open. ?!r. Sipel's best answer was that particular area has been served by the existing tiny tot area. Staff feels that is adequate when it is used iu conjunction with the other facilities that are further away. Councilwoman Witherspoon asked if the Ortega site was arouo.d 4 acres. Mr. Sipel responded it was a 6i --acre site. Counci lwouarn Witherspoon asked if staff was thinking in terms of a nominal rent. Mr. Sipel responded staff is always thinking in terms of a nominal rent. Councilwoman Witherspoon asked if Mr. Sipel meant $1 a year. Mr. Sipel agreed an that amount. Councilwoman Witherspoon asked if it is possible for the School District to make such an offer. Mx. Sipel thought it could be done, citing the fact that this is done with Hoover School, the nominal rent being, by his recollection, $5 a year. Counci1woesan Witherspoon assumed staff is hoping this can be done but were trying to be realistic about the fact the School District might prefer a developer with whose offer the City would not be compatible -- or is that Why staff was saying now what City weld like to do. The School District, in otherwords, may have a developer who would need a13 of the site. Thus, City its saying what it wants, if School District will listen to the propose'. In sue, should the City go in mare formally? Mr. Sipe/ replied it was correct that the School District may have a developer .. king all of the site. He thought the City should make a formal inquiry and a stn ement of City's position to the School District. Covncilwoaan Witherspoon was of the opinion that the City could woken its poet ion in the recommendation contained in the first paragraph of the April 19 staff recommendation. Mr. Sipel did not believe the recommendation weakataa City's position. He felt the recommendation i►odicates the way in which the City weld like to see the lead used; and the School District is then given the option of handling it in this manner or going through a formal lease with the City. From staff's 994 4/19/16 position, he added, staff does not care how this is accomplished, so long as the area remains open and accessible to the pOlic in the same way it is now available. Councilwoman Witherspoon's first impression, in reading this section, was that City was askipg for something for nothing, and if City cannot get the land for nothing, it will pay $1 a year for the privilege. Vice Mayor Clay remarked that this matter has been discusea4 at School Liaison Committee level and asked the status of that discussion at this point. Councilwoman Witherspoon reported that when the School Liaison Committee discussed setting up the procedure for dealing with surplus school sites, the City took the position that it preferred that the School District set up a citizens' committee, advisory to the School Board, as to what the use of these sites should be, with the decision being made on the School District's side and not by the City Council. The second point was the School District indicated that if the City had any interest in this land with respect to either site, they would like to be informed of such interest ear/I-on, as part of their considerations She asked Mr. Sipe]., who was present at the meeting, if he had anything to add. Mr. Sipel said that the conversation was mainly of procedural nature, as to what was done by either party and in what sequence, and not so much as to whether City would like to have any land for any particular purpes'z. It was the understanding among all parties, at the time, that the City would declare its interest, and do so very early in the process, to allow the School District to take appropriate actions. Mayor Norton sampled audience reaction as to whether passegee of the motion, in its present forms:, would negate their wishes to address the matter; two of the three citizens wished to address the Council. Helene S. Wheeler, 362 Diablo Court, eespreessed strong support of the first part of the motion, as presented, but residents near Greendell do have Bowe concerns about the second part of the notion. The staff report of April 15, 1976 does acknowledge the fact that there is no neighborhood park in the Greendsll area within the ono -half mile radius which is the City standard for neighborhood parr. The report states that Craendell area residents are within one mile of Mitchell Park, and another speaker will address the subject of getting to and from Mitchell Perk as a "kid" flies, rather than as a crow flies. An ergurzsaet act forth for not retaining use of the Gree ndel/, play area for open epee* is that residents are well served not only by Mitchell Park, but by Cubbeerley High School, Ms. Wheeler lives with eyeball distance frog Cubbarlsy high's playing field. Her day-by-day surveillance of the field brought her to a conclusion about the use of the field; her children are all of elementary school age, and they do not go to Cubb►ax ley for play activities, despite its proximity to their home, as compered to Greendell. Her children go to Greendeell for several reasons. First, as those living near to Cubberley know, Gubberley's field is a very well used facility, Ms. Wheeler 995 4/19/76 called the School that day to get information from Cubberley's Athletic Department. She pointed out that this is springtime -- baseball and softball season. Cubberley has jurisdiction over its own field from 8:00 a.m. when school begins, until 5:00 p.m. Two Cubberley baseball teams and two girls' softball teams practice on the field every afternoon until 5:00 p.m. At that point, the Palo Alto Little League takes over the field in its entirety. Thus, there is no time for neighborhood children to feel free to uhe the Cubberley field for their own pickup game of baseball, or to fly 4 kite, or simply run around. The same situation exists in the fall with the soccer season, with Cubberley's own soccer teams, eupp1eiaented by A.Y►S.4. with their two to four teens utilising any time Cubberley has not taken up. Greendell field, therefore, is the only place in the neighborhood where neighborhood children can go to, simply stated, have fun. Their parents feel coaiortable about their biking or walking to Greendell without the necessity of escorting or watching over the children. The residents ask Council to consider amending the second part of the motion on the floor, so that if it does become necessary for the City to discus* leasing, Fora nominal fee from the School District, that the City consider leasing the 2.4 acres of existing green space on the Greendell site for the area's elementary school age children, as a play area. Mayor Norton asked Ms. Wheeler if this would be the equivalent of the present athletic or play facilities or something in addition to it. Me. Wheeler responded the interest was in the present facilities, not the building space. Mayor Norton inquired how this would differ from the one-third acre recommended; would it be approximately half of that. He. Wheeler said it would involve quite a bit less then that. The small area, as is shown on the plot sap, involves an area, most of which is saken up with a fenced area that is only suitable for tiny tots. There is very little grass area, not of much use to the third- or fourth -grader. She hastened to add that they hoped the School District would cooperate with the first part of the motion before Council. Mayor Norton asked staff the implications of the recommended 2,4 acres and their opinion of what problems this might raise, if any. Mr. Sipel's guess was that the City would be moving out of the noeiva+l cost area and that City would pay up to sarkat dollars for a lease on that kind of land. That is a possibility; perhaps the School District would give the City the lend at a nominal cost. He did not know but could assume that when about half the site is being discussed, the School District being business weans as well, would want to be compensated for this land, Vice Mayor Ciay had plans to move the deletion of the second paragraph of the motion for the reason that hi believed it presume* to get into specifics, whether one is talking about 996 4/19/76 3.7 acres or 2.4 acres. He believed this was a chicken/egg situation, where the School Board has to move before the City can move, or perhaps, vice versa. Further, at such time as the School Board wakes more of a move than it has done to this point, the City can more intelligently respond to how much space is needed for what. For example, he was not sure that the School District itself would not be interested in _ providing some apace for recreational activities, etc., in . view of the fact that a school has been closed to that particular area. He wanted to hear the School Board's recommendation for possible actions that sight somehow satisfy the residents' of that area that everything has not been taker' away from them, if the School Board ie so disposed to look on such consideration favorably, the City might quite well be in the nominal cost range. He knew well the Cubberley High School situation, because as most Couneilmer!bers k ow, he follows Little League baseball and Babe Ruth baseball. A team cannot, at the present time, schedule the Cubberley playing field, whether for Little League or for Babe Ruth, from now through the end of the season; the field is taken until 7:00 p.m. Thus, Cubberley High School's playing field is not a neighborhood recreational facility at all, given its complete scheduling. Vice Mayor Clay therefore wanted to leave the recommendation at the first paragraph until it is seen what School Board does, then City can respond to that. AMENDMENT: Vice Mayor Clay moved, seconded by Berwald, deletion of the second paragraph of the motion. Mayor Norton said that he was toying with changing his motion to read 2.4 acres, as recommended by Zia, Wheeler, rather than one-third acre and stated ha would rather retain paragraph 2 as thus amended, so the School District knows full well where the Council stands now, rather than a year hence, when they get a nice subdivider in Greendell, ready to go to work. Vice Mayor Clay stated that if Mayor Morton would so move, he would sit ,dr w his motion. Mr. Sipel explained that of the two amendments, he would prefer the cos with sp* cific direction, since the City does not have the time to go to the School Board and bounce an idea off of them, then come back. The School Board has to draw up their specifications within the next couple of weeks, expecting to open bids on May 20, vi►ich seams a two -weeks ° period for people to react to the bids. This means that by roughly May 4, the School Board has to know City' a intention; thug tiros is of the essence. Mayor Morton asked ?4r. Sipel if he were to amend paragraph 2 to read 2.4 acres instead of one-third acre, wee it his opinion such wording would present problems, other than that mentioned earlier *bout payiwnominal rent . Sipel anticipated no other problem at this tines. AST WITHDRAWN: Vice Mayor Clay said if agreeable to his second, he would withdraw his snda nt , 997 4/19/7+1 Councilman Berwald was in agreement to withdrawal of Vice Mayor Clay's motion. Mayor Norton said with permission of his second, Councilman Comstock, he would move to changes his motion to read 2.4 acres instead of one --third of an acre, with respect to Greendell School. MOTION RESTATED: Mayor Norton moved, seconded by Comstock, that Council approve the staff recommendation that City Council urges the School District, when considering future use of the surplus school sites, to continue Ortega and Greendell playground ae open -space, accessible and available to the public in a manner similar to their preasnt accekatibility and availability; arid, further, if the proposed ucs of the surplus school sites precluded the continued availability of the playgrounds, the staff is directed to explore !easing, at a nominal charge, approximately 2.4 acres of the Greendell School site (the playground area), and additional park space at Oretega School if the site is to be used for housing. Mayor Norton again asked the remaining spe keree if, with the motion amended to read as it does, and if the motion passes, did they still wish to speak to the iserua. He hastened to add he was not trying to talk them out of their rights to free speech, but the hour being 11:15 p.m., he wondered if thia would be au agreeable motion. The two speeakera indicated, without approaching the microphone, their satisfaction with the motion on the floor. Councilman Carey felt there was a natter the City ought to sell to the School District. In talking lease, the implication is that it is a long -tern proposition, and that, coupled with nominal rent, , may give the School District some pause for thought. He personally would be willing to cancel the lease at any time, providing the School District bad another use at something other than a nominal rent for the balance of the property, which would still leave the playground and open space available for the public. Thus, he suggested it should be understood, perhaps, that when the City speaks of a lease, it is really l ookiug to continued use by the public of the playground facilities. The School District would then certainly have the flexibility to eater into any other kind of an agreement with another entity, sec long as the playground use would continue. Me stated he would not make a formal motion/substitute motion; but when the City says lease, that is his impressioaa, and he thought it ought to be coarveyed to the School Board. Mayor Norton asked if such direction was clear to staff and was informed tint they understood this as part of C.o r:cil' a direcxien. 1 The action, as restated, was approved on rose anus vote. Councilman Beehrs Absent. DISUSEAND ►BAS (CM:239:6) Mayor Norton indicated this subject had been shown as Aseadx Item 4 an tonight's agenda a and vas removed from the Consent 99; 4/i9/7b Calendar at the request of Councilwoman Witherspoon. Councilwoman Witherspoon removed this item from Consent Calee.dar, explaining if memory served her correctly, she made the original motion on the matter in October. A review of the staff report revealed to her that the report excludes several matters she hoped would be covered; tbus, she brought this out with the idea that the Pest and Disease Management Program be referred• to the Finance and Public Works Committee. She pointed to the first page of the staff report, in which it is indicated that this is to be the City'a tree care policy -- a broad tree care policy was what she had in mind also. While she agrees with the stated program about plans for pest/ insect control, she found almost no mention of how it is proposed to control disease, and no mention of therapeutic pruning or similar control of disease, as well as of tree care itself. She felt there are many good points in the report, such as the idea of a floss chart to help in decision making on the site, and thought that concept could be expanded to include other decision -making problems she mentioned. She wanted to see staff include that aspect of tree care policy when the teeter comes before Finance and Public Works Committee. A further subject for inclusion is investigation of the possibility of using the County Agricultural Department more extensively, and also local educational institutions, who have expertise in these areas 4s well as City's paid consultant. Further, on page 3 of the report, she called attention to "conclusion" in which evaluation is mentioned. She expressed des1re to have a more comprehensive evaluation than "resident expressions of satisfaction or dissatisfaction with the care and condition of City trees." She hoped staff could develop a more professional approach to evaluation. In sum, she agreed with the concept of one aspect of the tree care policy, which is how she would characterise staff's recommendation, and wanted to see a total policy developed and referred to Finance and Public Works Commit tee . MOTION: Councilwoman Witherspoon moved, seconded by Clay, that Council refer this program to the Yioance and Public Works Committee for consideration. Joyce Leonard, 4107 Briaatwood Way, wsa hers on behalf of the Palo Alto Community Pest Control Cai tttee. The Committee urged acceptance of etaf f' a report on the Management Program for the control of shade tree insects and, additiona lye the environmental impact assessment for integrated urban insect control prepared by Elisabeth Crowder. The Committee particularly endo_sed the continuance of the contract with the Division of Biological Control at University of California its Berkeley as a valid and much -needed amerce of scientific inforeaatioa to assist in the Pest and Disease lismagemout Program, The City staff report, she continued, is directly in lines with the recently prepared study by the prestigious National Academy of Science led by Donald Evade of the Department of Population Biology at Stanford University. The Palo Alto Community Pest Control Committee ha[a suggested that Die. moody be asked to review the City's prograeem en this subject. Councilmen Comstock asked Ms. Leonard if she would care to mat on the differences between what the staff reeds 999 4/19/76 and what Councilwoman Witherspoon has in mind. Basically, the staff recommended approval of the program; while Councilwoman Witherspoon, as he understood her motion, wants Finance and Public Works Committee to review the report, to encompass the comments she made. Councilman Comstock remarked M. Leonard's closing comment asked that Professor Kennedy be requested to comment on the prograt, and he wished to relate the suggestion to the motion on the floor. ,Ms. Leonard thought that Dr. Kennedy would very much approve of the philosophy set forth in the staff report, and hie review would give added emphasis to their recommendations. Her understanding was that the.rsport is not finished but covered the shade trees part of the Peet and Disease Management Program. There will be a further report on rodents, etc., but her Committee - suggested Dr. Kennedy's review of this psrticuisr part of the program. Councilmen Witherspoon agreed with Councilman Comstock and MA. Leonard that this is a very good program and would support it right now, save for the fact it was but one aspect of a shade tree cag=e policy; ohs would like to see the other aspects added and see the program in toto, thus her request to delay approval. Perhaps staff could have Dr. Kennedy review the program in the interim. . Leonard indicated she had made such a suggestion to Ben Pewioeki today and thought ha would be sending the information to Dr. Kennedy. Councilmen She wanted [staff's opinion on whether there was any urgency in accepting this part of the program now, referring the other questions raised by Councilwoman Witherspoon to the Finance and Public Works Committee. He suggested Council could accept the part of the program completed if there were some reason to do so now. Mr. Sipel knew of no particular urgency in the matter. Councilman Sher noted but one timing aspect mentioned in the report, that being the used to renew the consultant contract; he thought that came up Le October, 1976. . Sigel confirmed Councilman Sher' a understanding and reported there is money in the budget to continue the consultant ssl.vice. His guess .tee that the Finance and Public Works Committee would not be able to work this matter in, in the nit couple of menthe/. given the 1976.76 budget review. Councilmen Sher responded lit. Sipel'e last comment anticipated his next question, and be .eked Councilwomen Witherspoon why she wanted the Finance and Public Works Committee to take up this natter when she yea on the Policy and Procedures Commit** end knows what she is ion for. Coumcilwonan Witherspoon said she would like to have the matter in Policy and Procedures, but after tot ns to Mt. Pa wloski, it gemmed to her to be a public works matter. Councilmen Sher pointed out it is oleo a policy matter. 1000 4/19/76 Councilwoman Witherspoon replied that Finance and Public Works Committee also sets policy. Mt. Sipel suggested the matter could be referred to either committee. Councilwoman Witherspoon suggested tooling a coin to resolve the peoblaam. Councilman Sher reminded Cegncilwonan Witherspoon that Finance and Public Works Committee will ba doing only matters relats4 to the budget until the sad of June; thus if there was time to take up this matter in Policy and Procedures Coumittee, he would think it appropriate to refer the subject there. Councilwoman Witherspoon replied there was no burry. Councilman Carey felt the matter should go to neither Committee but back to staff. The aetaff report indicated this was only a partial report and stated a further report would be forthcoming. Without full staff input, he saw ne necessity to send this to Committee. It was also. re+aa enable to anticipate that staff, as it continues its analyses, would take Councilwoman Witherapoon`s comments of this evening under consideration. He was opposed to any referral. MS. Leonard wondered if City's consultant cost fees for next year, as part of the budget, had anything to do with a decision involving Finance and Public Works Coaam.ittee referral. Mr. Sipel did not believe that to be a particularly eigeifica nt factor, explaining that if the City decides to go ahead with the project next year and there is no money in the budget, finds would beused from a contingent account. He said he was being very optimistic, this depending upon Council's approval. Councilman Sher asked if Cottecilvosten Witherspoon's motion included sending the portion of the report completed now to Ar. Kennedy for his review. Councilwoman Witherspoon indicated this was are suggestion that had not occurred to bor. but Me. Leonard's mentioning such an action was fine with her, assuming Mr. Pewloski its to a send it to Dv, may. Mayor Norton asked Vice Mayor Clay, who seconded Councilwomee Witheerspoe ea notion, if he would be Agreeable to having such a stipulation in the motion. Vice Mayor Clay was in concurrence with such inclusion. Council s Carey was philoaophically opposed to referring this matte to Committee, suggesting if Council to not ready to vote on the recommendation, the matter should be tinned pendimg the balance of staff report. In Mats view, it was a more direct way to handle the matter, and he would vote against the motion now kin the floor. If the motion failed, be would eve to continue. 1001 4/19/76 MOTION RESTATED: Councilwoman Witherspoon moved, seconded by Clay, that Council refer this program to the Finance and Public Works Committee for consideration, and send report to Dr. Kennedy for his reviewe The notion failed con the following vote: AYES: Clayr Norton, Sher, Witherspoon NOES: Berwald, Carey, Comstock, Eyerly ASSENT: Beahra MOTION: Councilman Carey moved, seconded by Berwaa ld, that Council continue staff recommendation of the Pest and Disease Management Program for Shade Tree Insects until staff completes the balance of its recommendations. Mayor Norton asked Hr. Sipel's estimate on timing. Mr. Sipel could not predict and suggested the matter be left open. Mayor Norton assumed the tatter would be returned to Council on completion of the information and asked Councilman Carey if this was agreeable. Councilman Carey was in accord with there being no specific commitment as to date. The motion was approved on the following vote: AYES Berwald, Carey, Clay, Eye:rly, Norton, Witherspoon NOES: Comstock, Sber ASSENT: Beehre Councilman Eye rly reported he had received a telephone cell from Mk. Gilbert Marrs, and he called attention to the letter in Councilmembers packets from Wr. nom', regarding scavenging at the City Refuse Center by individuals, and. Mk. Sipel's letter of response regarding problems of implementing such eu approach. Councilman Eyerly thought there might be consideration given to acavengiaog at the Refuse Center which eight do the City some good, and some non-profit organisations,` as well. Hs proposed allowing scavenging, under re controlled method, by organisations such as Goodwill Industries or other volunteer groups, of salvageable, ei sposed- ita . which are not taken to the cycling Center. Councilman Ryear1y has celled Goodwill Indoetries and several other such organisations, all of whoa expressed aan interest; and he personally mould be intereSted in a parograaam of this type, were it et no cost to the City* suggesting a fee to offset supervisory costa. 1 0 0 7 4/19/76 MOTION: Councilman Eyerly moved, seconded by Norton, that Council direct staff to investigate and report feasibility of scavenging at the City Refuse Center by non-profit organizations on a controlled type of method. Mayor Norton asked if staff regarded this as a major assignment. Mt. Sipel responded all assignments were major. Commenting on Goodwill Industries, Mr. Sipel went on the say that the City has been working with that organization for the past month in an effort to locate a box/receptacle where people - could deposit discarded items. Such a eonteiner will be available at the City Refuse Canter within a weak or ten days. In staff's discussions with Goodwill Industries, it has been aaacerteined they are net interested in scavenging. Mayor Norton asked where the receptacle would be located, Mr. Sipel responded it would be installed in the area of the RecyIing Center for the convenience of those wishing to drop off item en route to the toll gate. Staff's feeling was that any scavenging authorized should be done with a single contractor on a bid basis. He pointed out that allowing more than one contractor creates problems. Essentially, thie is what a staff report would slay, should the motion on the floor pans. flr. Sipel estimated this as ae non -major assignment, indicating approximately six hours of staff work remain to be done. Mayor Norton assumed Mix. Sipel was not saying, in light of what he had just stated, that this would be a futile referral. r. Sipel did not think this would be the case, reiterating the direction staff would propose would be for scavenging on as vary limited, controlled access. Re was riot sure the motion has that implication and thus wished to surface that concern and see what reaction Council has, at this point. Councilman Sher said his cents related to this and the net item on the agenda. Councils Eyerly suggests the aunt of staff time for this report would be negligible, but this is not aaarce$sari1y so. The pi. ce and, Public Works Committee, in discoing productivity, etc., thoughewhen Couacil sends referrals to staff, it mould be a good idea for staeff to give Cecil an estimate of how many home the study and subsequent report will entail. Ear. Sipel estimates b-7 hours on thin limited basis; that visas fine with Councilman Sher, but if the assignment became lore major, he would 1i'C* to haws the revised estimate of time. When the next natter on the agenda comes up, he lime meted to determine the estimated amount of staff time involved. Councilman Sumo:ids responding to , Zipei' a requeet for Cecil reaction, d with City tear's reo nee to Mr. Marra, Ming possible dangers in having g a weber of people scavenging at the Brag Center. People who d. it discarded materiels react megatively to other people -picking up articles, and be there wee a p®ychologicai factor involved. U the idea is to recycle pis materials, Co .ii.4 se a Itereeld felt the City Manager old very well bid with 1 4 0 3 4,1,174 a contractor. But if solely for the purpose of giving Goodwill Industries or some other group carte blanche to scout around and find things for resale, he did not think this would be a good move ou City's part; thus he favored City Manager's approach, and wondered if he could take the matter on without a formal referral. Councilman Eberly did not want his approach misunderstood. As far as Councilman Sheer's comments with respect to time on each request to staff, he applauded the idea and was happy to see it applied to this and the nett matter on the agenda. Be wanted to see such a procedure continued and suggested the matter be ageuniaed so that it could, perhaps, be put in fora of a motion. Councilman Eyerly was in complete sympathy with the approach su gested by Mr. Sipel. He had no desire to allow individuals to scavenge at the City Refuse Center and thought any group permitted to do so would have to be strictly controlled. But he could see such an approach sight*Ave some amount of dumping space, smell though it aright be; and the City would create good will, at the sane time. If City Manager feels, this should be put out to bid, Councilman Eyerly felt it could be done with some of the organizations, such as he has already • rationed. If this ie already being done, it was satisfactory to Councilman Eyerly. Goodwill Industries had, he continued, mentioned to him that they vented a bin et the Recycling Center; and he was happy to hear that an arrangement has been worked out. Goodwill also expressed interest to him in scavenging on the face of the clump and commented perhaps they had since changed their Bind. But he would be bappy to follow the approach suggested by Mr. Sipel. The motion was approved en the followth vote; AYES; Berrald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: Carey 'morn n ..Seehre 111: Att• WI C*0 Councilmen Eyerly credited Councilmen Mehra' letter in Council- nembers pickets Lest week with brag him to the point of agendieing this object. Since 'erring on the City Coil, Councilmen Eyerly hem bed contacts from numerous citizen concerning abuse of the . ordinance, as spelled out in his batter to Councilmenhers of April 13, 1976. More recently, he has seen e staff reccMtioe to do sway with police time to check paskioo of cars on City street* between 3:00 a.m. and 6;0O *.m.„ air as restricted time period, •toff feeling it is not productive policing. He pothted out that this checking ves one of the major vein of policing the ordinance tinder discussiam, further, he commsatarad that the City Charger states the City Manager shall enforce all ordinances; and he also noted that in Operating Budget recommendations, the inspectional department is striving for enforcement of all ordinances within s 60 -day period. To his knowledge, on this ordinance, No. 18.12.020, enforcement is not being accomplished in that specified time period. Where large groups of people are living within a single family dwelling in a B-1 area, Councilman Eyerly knows of the degenerative effects on the area. He called for information concerning whet staff proposes on enforcement of this ordinance, to view of their recommeedation to diapan*e with checking of parked cars during the restricted hours, and also wanted to know if peat experience suggests any way in which enforcement of the ordinance can be strengthened. MOTION: Councilman Eyerly moved, seconded by Berweld, for a staff report on enforcement of Ordinance 18.12.020 concerning the numaber of unrelated people living within a singi a family dwelling in an R-1 District. Vice Mayor Clay eymppathixed with and understood the types of complaints which Ceuaci1 in Eyerly has been receiving. But he has had another type of request, in fact, just the opposite, to relax the ordinance concerning the rauz ber of unrelated people living in a single family dwelling. This request has to do with an application that hes been on file with the City which he thought has been rejected, for a board and care home, wherein six elderly people would live, sleeping and eating there. The applicant further has the required license he believed only a County license wee required in such usage. The applicant also lane modified the hoe to accommodate these elderly people, only to find out that after she had made such an expansion; she could not carry forv.rd with the hose because of the ordinance restricting the number of unrelated pule living together. It wan Vice Mayor Clay's thinking to propped a motion, which he would probfbly► put on the floor, if Councilmen Eyerly's motion failed. The motion would have the ordinance referred to Policy and Procedures Committee for determination of what, if any, modificative Council might want to make to tha ordinance and what enforcement ahouLd be employed to carry out the ordinance. The ordinate*, he stressed, ought to be loomed at — if, ice, not relaxed -- so that the City can possibly eccommodete the kind of request that has come in from :he board and care home applicant. If the City cannot modify the ordinance, Vice Meyer Clay wanted to be apprised of the reasons. Councilmen Eyerly thought the usage described by Vice Mayor Clay possible through a special use permit but said perhaps he vas wrong. He felt that a staff repot on the ordinance along the limes be suggested earlier should he undertaken, then referred to Policy end Procedures Committee for review by Chairman Cray and other Committee ors and eubsequent recomneedetiona. Councilmee Sher indicated her wee larking for his requested oedemas of staff time to prepare the report suggested by Ni. & eerl y. Kr. aipel' a geese ease 10-15 hours, bead oe the ordinance 1005 4/19/70 and Councilman Eyerly's memorandum; adding the element suggested by Vice Mayor Clay, another 12 hours from City Attorney's Office. He estimate a total of 25 hours for the project. Councilmen Sher commented that checking overnight parking is obviously already in the Finance and Public Works Coeiaoittee, as part of the budget proposal, and will be reviewed in that context. He eras not sure, however, that it has been used in the way suggested by Councilman Eyerly to enforce the ordinance against unrelated persons living in one house. He believed enforcement has been done on A complaint basis, as Councilman Eyerly's memorandum suggests, and when there are problems in a neighborhood being caused by such a situation, the City Attorney responds to these complaints. Put it is not done on the basis of the number of cars that a police officer or other parking monitor happens to observe on the streets. He did feel that the whole question relating to parking will be considered in the Finance and Public Works Committee in connection vith the budget, Councilman Comstock's recollection wse that by and large, these issues are dealt with on a complaint basis. He indicated to Councilman Eyerly that he would think the matter goes beck to staffing levels in the Building Inspection Department, which would come under discussion, and that Councilman Eyerly could probably get at whet he wants to accempliah by focusing on that part of the budget in Finance end Public Works Commitee, i.e., how many building inspectors there should be, vhet their duties should involve during the coming year, end what tie eemains in terms of their systematically looking for varioua types of code problems, as opposed to dealing with such problems an a complaint basis. This, of course, relates not only to the particular issue now under discussion, but to building code violations, housing cede viol.atioaa, etc. -- matters that often come iu, wits, particular property owners and relating to housing rehabilitation. The question is, what kind of sn inspection program does the City mount. Councilmen Gonstock'a general impression was that the City's staffing levels are noire suer s level that would provide for pone sort of progressing throughout the City on a systematic basis. Perhaps Councilman Eyerly was not: thinking in these terms and we seeing the City's dealing with such setters realistically to an individual complaint, basis. Councilmen Co stock's suggestion we* that a good deal of information sought Councilman Byerly could be wrung out of staff during the budget parings, and a special report may tend to duplicate efforts. Be encouraged Councilman Eyerly to try to tale this: mater on during the budget consideration, whiff is the time to sake chengee to compensate for uxaderstaffiug, if that ie thought to be the case, whet kid of coordination there should be bets departments, if it is not ea it sold be, etc. Councilman Comstock thought a handle on the swatter could be gotten during budget sosaions, p*baps eve, batter then a specific staff report sight generate. Councilman Carey am inconsistency i the discussion. The first on* bagel► with Mt. Sipai when be said it would tie 25 burs to respond - Councilman Carey thought he would say 25 seconds, his riming being that if the City has an ordinance, it should be enforced. If Courcilsembers do not like en ordnance, 1006 4/19/76 it can be modified or done away with. But if the ordinance is on the books, it ought to be enforced. If there are citizen complaints about the lack of enforcement of the particular ordinance, the problem is very simple: either a) the citizens are not calling the City officials to ask for enforcement and to give the specific information concerning the problem; or b) they are passim on the information and City is not responding. That was than basis of his feeling that Mr. Sipel's answer would be 25 seconds --which is, if a citizen calls and tells him where the violation allegedly ie occurring, Ht. Sipel would explore it and if it is so, the City would pursue the matter. Hr. Sipel responded that was what the City does now; but be understands that now a different level of enforcement is desired, and that is what- is going to involve time to explore. Connncilman Carey viewed that as being a separate question. Mr. Sipel thought that was the question Councilman Eyerly had asked. Councilman Carey said that was in Vice Mayor Clay's motion, about to be made, perhaps. But there were two separate issues the one Councilman Eyerly raises that the existing ordinance is not being enforced; the answer, he stated, is very simple. People who are Complaining have to call the City. If they do so, the City should respond. Thus, one of two things is not happening. He saw no necessity of a staff report, sug- gesting a simple motion to direct staff to continue to enforce the ordinance. And even that was not uecessaary, because he was sure staff knows knew their responsibility. The other park: of the issue is wbett or or not a different level of enforce- ment is desired, or if the ordinance ought to be changed, whin is a separate issue. Councilwoman Witherspoon was under the impression that there was a staff assignment to examine the possibility of more than five elderly people living in one residence. Mt. Sipel said the matter was pending, caught up, he thought, partly in the Comprehensive . Plan. On completiou of the plan, staff will get into the revision of the zoning ordinance, and this is ono of the parts of the toning ordinance. Councilwoman Witherspoon asked Vice Mayor - Clay if he was . i I1ing to await the Comprehensive Plan. Vice Mayor Clay responded he wan not and would like to see the soning ordinance extracted from the Comprehensive Plan and a draft be made of a proposed andtf icatioo of the, ordinance, to accommodate such use as he described. He *sited if his request would disrupt the process. Sipsl replied that if Vice i Mayor Clay wants to accelerate the alert, this can be dam. Mayor Nortoo said he would entertain Vice Mayor Clay's motion to that effect Later, if he wished to use one, Sire it was somewhat separate from the motion on the floor. IQo7: 4/W!!76 Councilman Eyerly thought that until poeaibly a year ago, it was the practice that tickets issued to violators of on - street parking in the City between 3:00 a.m. and 6:00 a.m. automatically surfaced in the Inspection Service Department. When there was a concentration of such cars repeatedly, there was indication of a problem, and that r ae one way in which to move to check the house. It is his understamding that this is ao longer done, and then only check is on a complaint basis from the citizens. He called attention to the feet that this was a ccpiaint, in part, of the citizens mentioned in Councilman l ahrs' letter, and Councilman Eyerly had at sinner latter today from a citieen. The citizens do not want to put the finger on the house that is creating the problem. He suggested that perhaps the City should go back to the old cysts m for better enforcement of the ordinance; and when he goes staff dropping back from that position in the recommendation mentioned, possibly the matter needs to be addressed in the budget. Erwaver, he felt staff's philosophy on how to enforce the ordinance well needed. If the ordinance is not a good one nor enforceable, the Council should review it and maybe change it. Aa it stands nov, he seers the ordinance fading away. Mr. Sipel commented that in general, staff is enforcing the ordinance to the extent possible, with existing personnel. L:saeetially, the way In which a property is examined le when it is brought to staff's attention by some member of the public, the way in ehich 952 of these violations come in. Sometimes a building inspector or other City staff will see infractions and bring these to the attention of the appropriate City official. !t times, the City has gone to the overnight parking ordinance and the information generated by that to determine whether particular houses had more than a certain nuznber of permits; that system hes also been used to detect whether some houses might be in violation of the law. but this ordinance has not been employed as a general routine for some time. - Eeeseu.tially, now the City depends upon complaints of people, aed processes those complaints as they come in. With respect to the coax plaint Councilman *beahrs brought to his attentions Mr. Sipel's guess was that it will take 30-40 hours to bring the *atter to conclusion, if it can :be accomplished in that brief period of time. Thera is already a file about one -inch thick on the property in q tion..; the City con get no:compliance at all, and it is very difficult to pin this type of thing on a person, which, he aided, is part of the problem. When the City finds ewe methods of detection --- and his guess is there are 10-12 of these kt de of situations in the community -- the burden will be added on the City Attorney's Office, bee cause they will all end up in the Attorney's Office. In each case, there are 20-30 ors, possibly sure, of legal work - involved. Those are the kinds of details Council can expect to find in a staff report, should this motion pass. The motion failed of the following vote: ATIS: Eyerly, Witherspoon iherveld, Carey, Clay, Comstock, Norton, Sher ABBE Tt Reahra 1001 4/19/76 Mayor Norton asked Vice Mayor Clay if, in light of the vote, he wanted to proceed with his motion. Vice Mayor Clay said that he did, in view of the case he had - earlier mentioned, which he believed was still on file; or at least it was, some time ago. He hoped to see some deteretiru- tion of the effect of thic ordinance on cases such as this. It was his feeling that the intent of the ordinance, when it was passed a few years ago, was different than what applies to this and other cases related to the elderly. Since staff has already been directed to review the ordinance with respect to accommodating the elderly, he would add to that direction through his motion. MOTION: Vice Mayor Clay moved, seconded by Witherspoon, that staff be further directed to bring hack to Council, as quickly as possible, a draft of a proposed modification to the ordinance to accommodate more than four elderly in a single faaeliy dwelling. Vice Mayor Clay said this wee slightly changed from what he had indicated earlier he might be proposing, because staff his already been directed to review the ordinance, with this modification in mind. The ordinance now being part of the Comprehensive Plan, as was pointed out by Mr. Sipel a few minutes ago. Vice Mayor Clay waa asking, in effect, that the ordinance be extracted from the Comprehensive Plan. Mfrs. Steinberg explained to Vice Mayor Clay that this would actually be in the revision of the Zoning Ordinance, when the Cceaprehensive Plan is completed. Mayor Norton underatood that the intent of this motion is simply to get the ordinance back sooner than it appears to be coming back; it does not suggest a change in the ordinance itself, still being limited to elderly, etc. Councilman Eyerly wondered if what Vice Mayor Clay is driving at could not be accomplished in the zoning regulations, such as spot coning on a request of the type he had described. He questioned changing the ordinance if the matter can be handled otherwise wise in existing procedures. Mrs. Steinberg said that she understood there is no provision for a use permit of the type Vice Mayor Clay has motioned but that the City Attorney bad just told bar P -C aging would be en alternative. Councilman Sher asked about the possibility of an ordinance that would draw the line on the basis of age, in tarns of unrelated parsons living together, being held unconatitu- do nal . Mr. Booth thought there was a poesibility, adding there is certainly a large amount of precedent in the lam, vhert the - eldaerly are singled out for a great deal of.- special treatment, Although there is one very recent Jersey cane, which holds invalid discrimination in zoning on the basis of restrictions to a bv3 lding - he believcc his was persons 55 years of age and older - by way of soaiDg, rather than private restrictions, So it is, certainly, an orb question, and he thought the 1 0. 0 4/19/76 City could make a pretty good case to support such a measure, Councilman Sher's personal view was that since this matter is in the works and will follow on with other changes in zoning, it should be left in that posture with the Planning Commission; so he planned to vote against the motion to speed the matter up and take it out of context, Councilman Carey wondered now long it would be mammary if it was left that nature take its course and Plamning Commission finishes its review of the Comprehensive Plan. Mrs. Steinberg believed this would take over a year, stating the Planning Commiseion world net even start revision of the zoning ordinances until about October or November, 1976. it is, she added, a very lengthy procedure. Councilman Carey asked Mre. Steinberg if she was speaking of the zoning ordinance to confcrs to the new comprehensive plan, on the assumption that this Council will have completed its review by this summer. Mrs Steinberg replied this was also part of the original direction to the consultant, so the revision of the toning ordinance will be undertaken -- it was supposed to be 4aua concurrently with the Comprehensive Plan, but it has slipped someehet. Councilman Carey understood the Comprehensive Plan will be out of the Planning Commiseion in the next month or so and that the Coms*ieeion v -I11 then wait until Council has acted before tackling the zoning amendment issue, firs. Steinberg said that, es a smatter of fact, the Planning Commission planned to aetert on the revision of the zoning ordinance, with a preliminary seating on the matter, in May; and then consultant and staff will bs working on recommendations tc the Planning Commission. Councilman Carey concluded from Mrs. Steeinberg's input that, in any event, if Council lets nature take its course, it is going to be quite a while. The motion vas approved on the following vote: AYES: Carey, Clay, Comstock, Witherspoon MUSS: Eysrly, Morton, Sher MINT: Baahrs,Servals! (Councilmen Berwald was absent from chambsra) Mayor Horton called Cous cilmembera attention to the meeting schedule and stated that, as of now, the regular meeting of Monday, April 26, normally failing is this der, pre— sumably would be cancelled and that a Special Meeting vauld 1010 4/19/76 be called for 6:30 p.m. In East Palo Alto, in xesponse ,+:o the Municipal Council's invitation to have dinner at 5:30 p.m., and a joint meeting with the East Palo Alto Municipal Council, commencing at 6:30 p.m., which he understood to be a public sweet irg . MOTION; Mayor Norton shoved, seconded by Comstock, that the norual regular meeting newt Monday night, April 26, 1976, be cancelled, and that a Special Meeting be set in East Palo Alto at their new building on University Avenue at 6:34 p.m., to be preceded by an informal diluter, commencing at 5:30 p.m. Councilman Sher observed that a notice has already gone out, scheduling the Special Meeting for 7:00 p.m. Ms. Ann Tauaed , City Clerk, informed Councilman Sher the notice will be corrected. The till* has beau changed, eince the meeting was first scheduled. Councilmen Sher expreeeaed hope the correction would be made in such a wag that it will be brought to the attention of the public. He reported he has already been contacted by several people who wanted to know the meeting time, and in response to the notice he had already received, he informed them of the 7:00 p.m. hour, He asked if there would be an announcement showing the new time in the newspaper, as well as notices in Councilme ers packets. Ms. Tanner said this information would be reflected in the schedule of meetings and included in the packet', and the Agenda Digest in the newspaper, all of which would be amended. Councilman Sher woe sure that whoever chairs the sheeting that evening mould tell any people who arrived late, past the item of their particular iuteiest on the agenda, the Councils will be glad to hear from thecae. Vice Mayor Clay did not want to dampen any hopes but reported he heard very recently that there is a poesible conflict of some concern to the East Palo Alto Ms. nicipal Council, in that there are two meetings scheduled for that night, the first of which was dead to be at least as ieportant as the joint meeting, if not more so. He could not predict the outcome, but understood the Peet Palo Alto Municipal Council may be discussing the matter tonight. Mayor Norton assumed that by tomorrow, the City of Pain Alto would know more about the matter. The motion was approved on unanimous vote, Councilmen ahrs and Nervald absent. 1011 4/19/76 ADJ4iT ifENT - MOTION: Councilman Comstock moved, seconded by Norton, that the Cowie' meeting of April 19, 1976; be adjourned. The motion was approved on unanimous vote, Councilman Beahra and Bsrv4ld absent. The meeting of April 19, 1976, adjourned at 12:15 a.m. ATTEST: City Clerk APPROVE: 1 0 1 2 4/19176